Terms of Use

Terms of Use

Welcome to CARETEN SOLUTIONS INC., Careten.com, also referred to in these Terms of Use (“Terms”) as “Careten”, “Us”, “Our” or “We”. Please note that by either visiting or registering as a Member (“Member”) with Our Site, you are agreeing to the terms and conditions herein, which are binding. Please carefully review the Terms of Use and Privacy Policy (“Agreement”) in their entirety. By accepting these Terms, you are confirming that you are at least 18 years of age, and that you will comply with our terms and conditions. If you do not agree with Our Terms, then Careten cannot grant you access to Our services or products. Also note that:

  • These Terms of Use are subject to change at any time. However, You will be notified of any significant changes that may affect Your use of this site or Our services, through notices posted on the Site or by email.
  • The Terms are between You and Careten, and Your obligations and responsibilities concerning these Terms cannot be transferred to a third-party.
Section I – Service Terms

Careten links professionals who provide home care services with those seeking such services. Through Our Site, Careten allows Care Seekers to choose a Care Provider who fits their needs and specific requirements. Once a Care Seeker has chosen a Care Provider from Our Site, Careten arranges an interview with both parties. The Care Seeker can then enter a contract with that Care Provider. Careten aids Members with payroll processing and taxes, as well as with time management and tracking hours.

We also offer substitute Care Providers in emergency situations where the original Care Provider is unavailable. However, while we will do our part to provide a list of substitute Care Providers, if no substitute Care Provider is available to meet Your specific needs, We shall not be held liable. Further, please note that:

A) You, the Care Seeker, are solely responsible for all transactions and arrangements between You and Your chosen Care Provider. While Careten provides a link to Care Providers through our site and manages payments between Care Seekers and Care Providers, We do not oversee actual arrangements for services or transactions between both parties. Careten is also not responsible for any actions or errors committed by our Members that may lead to disputes.

B) In the case of disputes or conflicts between Care Seekers and Care Providers regarding service quality, payments or any other issues, Careten shall not be held liable or expected to mediate such issues. Although We may aid in the resolution of conflicts, Members are responsible for resolving or correcting any possible issues that arise between them. We cannot offer guarantees regarding the quality or efficiency of services provided by Members or our site, or the accuracy of information given by Care Seekers and Care Providers.

Section II – Member Eligibility

By Your use of this site, You agree and confirm that:

  • You are at least 18 years of age, or that You are a Care Provider who is at least 21 years old
  • You are legally entitled to work in the United States
  • You possess all required licenses to perform services as a Care Provider in your field
  • You are not, or have never been accused or convicted of an offense, misdemeanor or crime related to:
A)
1) Fraud, theft or larceny
2) Child abuse, endangerment or neglect
3) Violent acts or offenses
4) Restraining order
B)
1) You, or any of Your household members, are not a registered sex offender
2) You, or any of Your household members, are not the subject of any ongoing investigation, trial or other legal action.

Section III - Use of External Verification Services
By registering with Our site, you hereby authorize Careten to contact agencies, government or otherwise, to run a background check, search criminal records, or verify the information that You have provided. You also understand that, should We determine that You have misrepresented Yourself to Our site, or should we deem it necessary, We possess the right to reject or cancel Your membership at Our discretion.
Through Careten, Members may also have access to external verification services in order to verify information provided by either party, such as identity, personal information, and criminal records. However, Careten has no control over external verification services that may be used, but can only facilitate a link between Members and such services. As such, You agree that We shall not be held liable for the quality and accuracy of the information provided by these third-party services. You further grant Us the right to both review the information provided by external verification services, and to cancel Your account at Our discretion, based on the information we receive.
As it relates to the Fair Credit Reporting Act (the "FCRA"), external verification services may provide consumer reports that contain information regarding Your credit, employment history, education, character, and other factors. By using an external verification service through Us, You agree that You will only use or share the consumer report data in accordance with the provisions stated in the Fair Credit Reporting Act (http://www.ftc.gov/os/statutes/fcrajump.shtm), as well as with State, Federal and other legal provisions. You also agree and acknowledge that Careten shall not be held accountable for any financial or other costs, or any damages or losses related to Your use of consumer reports or background information provided by external verification services, to which You have gained access.

Section IV - General Site Rules
A) Rules of User Conduct
Careten aims to provide top quality services to those who are seeking or offering home health care. As such, it is our intention that Visitors and Members have a positive experience each time they access our site. All forms of communication should be cordial, civil and reasonable. Members are also expected to act in a trustworthy and respectful manner, and to be truthful regarding the information they provide to each other. By using our site to locate a Care Provider or offer Your services, You agree and warrant that:

1) Your profile contains only truthful, accurate and up-to-date information concerning Your background, personal data and any other information requested.
2) You will not use the information provided by other Members for job seeking, advertising, solicitations, promotions or other commercial purposes; or for any other purpose except as it relates to obtaining or providing healthcare services through Our site.
3) You will not utilize our site for illegal or unofficial purposes, except for those purposes that are within our User Agreement.
4) If You are a Care Provider, You agree to:
  • Honor the payment rate that You have arranged with a Care Seeker
  • Provide treatments in a safe manner, and
  • Refrain from contacting Care Seekers on behalf of any other services, research groups or websites that are not related to Careten
  • Avoid threatening, harassing or intimidating other Members, in person or in writing
  • Refrain from sharing through uploads or in any other way, pornographic, violent or disturbing images, as well as derogatory, extremist, sexist or otherwise offensive statements with or against other Members of our service.
  • Avoid misrepresenting yourself or impersonating another person.
5) As a Member, You also agree to:
  • Avoid uploading viruses or using software of any kind to interfere with Our site’s security or performance, or download or change information on Our site.
  • Avoid sharing personal information and contact information about any other member on Our site.
  • Refrain from copying, selling, duplicating or using any section of our site for anything outside of the purpose of seeking or providing home healthcare services through the use of our site.
  • Refrain from spamming, phishing Our Site or Members of Our Site
  • Avoid infringing on the trademark, copyright, or other proprietary rights of Careten or any Member of our site.
PLEASE NOTE THAT ANY ACTIONS TAKEN TO CIRCUMVENT OR MISUSE OUR TERMS OF USE WILL RESULT IN EITHER CANCELLATION OF YOUR MEMBERSHIP OR LEGAL ACTION INITIATED AGAINST YOU BY CARETEN AS A BREACH OF CONTRACT.

B) Rules regarding Content
The use of Our site content (“Content”) must be strictly adhered to by Our Visitors and Members. This entails all forms of information posted on the site by Us or by Our Members.
When You post materials or information to Our site, you hereby accept and agree that:
  • Your Content may be displayed, posted, published, distributed or used by Us
  • Your Content may be used printed, searched or used in any way by other Members
  • You will not manipulate or change Content posted by other Members
  • You will be the sole owner of any copyrighted Content that you post
  • You are solely responsible for all Content posted by You
  • You will not seek royalty or payment for Your Content;
  • While You retain ownership of all intellectual property rights and copyrights related to Your content, You also grant us full license in the use of Your copyright and intellectual property rights.
While Members can use Our services to create, share or post their content, Careten does not oversee content generated by Our Users. All content updated to Our Site may be seen by other Visitors and Members, and so it is Your responsibility to ensure that the content that You upload is in accordance with the Rules of User Content provided above. If You post or create content that We deem inappropriate or in violation of Our policies, it is within Our discretion to delete such content.

Section V - Advice:
The advice and statements provided on this site are solely for informational purposes. We recommend that Users speak to health professionals only, when seeking advice or feedback regarding medical issues. Careten is not responsible for any contents, including advice, feedback, reviews and testimonials, provided by Users of the Site. As such, Site Users are solely responsible for the statements or advice they post, and Careten is not to be held liable for errors, inaccuracies, misinformation or anything else related to content originating from Users. We also cannot be expected to agree with or vouch for User advice or other statements posted through Our Service or on Our Site. As a Site Visitor or User, You agree that Careten is not to be held accountable for any possible damages or losses - financial, legal or otherwise - related to User generated content or information obtained through Our Site or Service.

Section VI – Our Products and Services
Careten oversees all aspects of our services and products, including quantities, availabilities, and our policies regarding returns/exchanges. As such, it is in Our discretion to set any limitations concerning quantities, and where/to whom Our products are sold, as well as to revise product pricing and descriptions. We also possess the discretionary authority to restrict product orders from distributors, vendors or similar parties, or to ban such orders. If an order must be revised or cancelled, Careten will alert You in a timely manner through the contact information You provided.
Our Services and Products are offered “as is” and also based on their availability. These Services and Products are not provided with any warranties or representations whatsoever. Thus, You acknowledge and agree that We cannot guarantee that a service or product purchased on Our site will meet your full requirements regarding condition, quality, or usability. For new tools, services, and other offers that we provide through Our site, please note that they will also be governed by Our Terms. As it relates to Services, You also agree that We cannot be held liable for the correction of issues or errors. Further, product images are displayed online with as much accuracy as reasonably possible. We cannot be held responsible for factors that are beyond our control, such as the color accuracy of Visitors and Members’ computer monitors.
In the case of tools or products provided through third-parties, Careten bears no responsibilities for any risks that may come from Your use of such offerings. It is in Your discretion to review these tools/products to determine their appropriateness, and to also ascertain if their terms are acceptable to You.

Section VII - Communications
A) Forum
Careten has provided a Forum to allow Members to share information and feedback with each other, as well as post notices and documents. Members may also communicate with Care Givers through the Forum. Please note that this Forum must be used in accordance with the stipulations in this Terms of Use.
B) Texts
Members have the option of receiving text updates from Careten through their mobile devices. If You authorize Careten to forward communications through SMS texts, You acknowledge and represent that Careten cannot guarantee the reliability or precision of the messages. You further acknowledge that You may incur text charges from Your mobile service, for which Careten is not responsible.
C) Electronic Communications:
Careten provides communications (“Communications”) to Visitors and Members primarily through the Internet, which includes emails and site postings. As a Member, Your agreement to receive emails and other communications from Careten covers all transactions. Further, please see the section below, regarding electronic Communications:
  • You consent to receive Communications from Careten through electronic means.
  • You agree and acknowledge that all Communications provided to You, including agreements, disclosures, notices and documents, would be equivalent to Communications provided in writing, and adhere to the same legal requirements.
  • You will advise Us if Your email or other contact information has changed, and provide the updated information.
If You no longer wish to receive electronic Communications from Us, You may provide a withdrawal of consent by contacting us. However, once You have cancelled Your consent, You are prohibited from utilizing Careten’s site or services. All communications, transactions and obligations that existed prior to the withdrawal will remain legally applicable and valid.

Section VIII – Waiver and Release
You are solely responsible for all transactions and communications between Yourself and other Members, when seeking a Care Provider or offering Your services to Members. However, We do propose that both parties put their transactional agreements in writing. While our site facilitates connections between Members and accepts/makes payments on their behalf, Careten does not provide health services or participate in Member transactions.
Payroll and tax processing services may be provided by us through a third-party. However, please note that we do not offer tax advice to Our Members. If a third-party is used for tax processing, You agree that we bear no liability for that service, and also acknowledge that you bear full responsibility for all considerations related to Your tax reporting requirements. You further acknowledge that we bear no responsibility or liability regarding the following:
A) Screenings
While Careten may screen and score Care Providers, We cannot guarantee the accuracy of these scores, or confirm, endorse or ascertain the character or background of Our Members. Careten recommends that Our Members communicate with each other, review profiles and contact other Members for feedback when attempting to find a Care Provider or Care Seeker.
B) Member Identity
It is our aim to help Care Seekers to connect with the best Care Providers that meet their healthcare needs. In order to accomplish this, Careten requests identification from those seeking to provide services. However, You agree that We are not to be held liable for misinformation provided by Members regarding their identity or other factors. Thus, it is Your responsibility to confirm the identity and review the capabilities of the Member with whom you interact through our site, in order to choose a Care Provider who meets your requirements.

Section IX - Disclaimers/Limitations of Liability
As a Member, You acknowledge that the staff, affiliates, service providers, contractors, agents, shareholders, insurers and others linked to Careten are not to be held liable for any risks that You may encounter through your use of our service. This includes any potential damages, injuries, financial loss, claims, data loss or any other direct or indirect loss incurred from using our products or services. The services and products available to you through our site are free of any direct or indirect warranties or guarantees from us. In states where limitation or omission of liability is not permitted, we shall only be held liable to the extent of the specific law in that state. By agreeing to our Terms of Use, You, Your family members, heirs, agents, legal or other representatives, forever release Careten from all claims and causes of actions of any kind, known or unknown.
Our Terms of Use has been written in accordance with the State of New Jersey’s laws and regulations, and shall be governed by them. The Terms will remain in full effect, specifically as it relates to Claims and Liabilities, Waivers and Intellectual Property. You also acknowledge that any possible arbitration that arises, except for those initiated in a court by Us to resolve issues such as breach of our confidential data, must be conducted in New Jersey, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
If any section of Our Terms of Use is determined to be inadequate or null and void, then that section should be interpreted in a manner that aligns with the main intentions of the parties involved, and that meets legal requirements. All other portions of the Terms will remain fully enforceable. Further, if Careten does not implement any portion of these Terms in a timely manner, that portion will still be considered to be enforceable. Waivers will be presented by Careten in writing. However, waivers related to any oversights or failures on Our part will not imply future waivers of that oversight going forward.
The Terms of Use herein replaces all prior arrangements and communications, whether presented in writing or otherwise, and represents the full and exclusive agreement between You and Careten.

Section X – Fees, Services and Price Changes
Careten offers free registration on Our Site for Care Seekers and Care Providers. Care Providers can also upload their resumes for free, and Care Seekers can browse through profiles. Members have the option of securing Our Premium services for a fee. However, Careten reserves the right to upgrade or revise Our fees or the price of our products or services at any time determined by Us, without prior notice.
As a Member, You acknowledge and agree to keep all information related to Your account and credit card number/expiration up-to-date for all purchases, in order to facilitate transactions. You also agree to keep Your contact information current.

Section XI – Payments and Billing
As a Care Seeker or Care Provider, You agree to pay Us the fees agreed-upon by You and the Care Provider for the services he or she provides. You also grant us permission to deduct the current service fees from payments that are processed through our site or through a third party service chosen by Us to process credit card payments. Further, You acknowledge that you are the owner of, or you are authorized to use, the credit card that is entered to process payments. For payment or billing errors, refunds are provided at our discretion, and only when we deem it warranted. We also reserve the right to make corrections related to payments once an error is discovered, whether or not the payment has already been processed.
Please note that if You elected a Premium membership that is subject to Our automatic renewal and billing, such renewals will be executed at each term’s end, for the same time period as originally agreed upon at signing, including any billing that applies. In order to cancel Your Premium membership, You must contact Careten by phone, email or through the Site before the current term ends. Your Premium membership will then apply until the end of the term only.
However, if You do not cancel before the term’s end, then You will be automatically re-enrolled for the Premium membership once the term ends, and Your account will be charged the current fee for your specific plan. A refund will not be issued while Your membership is still current. You also acknowledge that Careten will not bear responsibility for reimbursing fees related to insufficient funds, overdrafts or any other additional fee that you may be charged by a financial institution due to our billing, when based on information that You provided.
Careten further reserves the right to use third party services in the processing of payments on Our Member’s behalves. You agree that Careten shall not be held responsible or liable if any damages are incurred while using a third-party, or if any claims arise. Also note that Careten’s Premium services are separate from third party claim submission and reimbursement services. As a Care Provider, You also acknowledge and agree that You will not submit any reimbursement claims directly to third parties for the services rendered to Care Seekers.

Section XII - Taxes
Careten does not bear any responsibility related to taxes on Services rendered by Care Providers. Such tax charges, remittance or payments relating to transactions, whether due to sales, government collection or other sources, are solely the responsibility of Our Members.

Section XIII - Intellectual Property and Copyrights
A) Ownership
Careten’s proprietary technologies are legally copyrighted and owned by us or our licensors, as well as governed by intellectual property rights. As such, You acknowledge that you will not alter, copy, post, sell, distribute, or transmit our technology without Our (or our Licensor’s) express authorization. You also agree to utilize our technologies only in the ways permitted by our site. As it pertains to trademarked logos and names, You are not permitted to use these materials for your own purposes, as they are owned by Us or other parties.
As it relates to the Content that You post or share on Our Site, although You hold all intellectual property rights, including copyrights, You also agree that We may use such Content without any expectation of compensation on Your part. By accepting Our Terms of Use, You acknowledge that Careten and Our affiliates possess the right to utilize Your Content for any purpose at Our discretion, including for publication or marketing.

B) Copyright Infringements
If you believe that any Content you provided to our Site has been subsequently copied in a way that infringes your copyright, or that your intellectual property rights have been breached, then please contact Us at the email or direct mail address provided at the end of this Terms of Use. You will need to provide the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.)

Section XIV - Third-party links
Careten works with third-parties as needed, in the provision of services, products or other materials to our Members. While using our services or Site, you may be linked to such third-parties and their websites. You may also be linked to other parties through the third-party links that have contents that may be disagreeable to you. As such, it is Your responsibility to assess such links and their contents on Your own behalf, and review their policies, offerings and practices. You acknowledge that Careten cannot control or be held liable for the contents, including information, materials, services or any products or offerings, from a third-party or their affiliates; as well as for any damages that you may incur resulting from interaction with/or use of a third-party’s website, products, contents or services. You hereby also acknowledge that Careten cannot vouch for or endorse any of the contents and information on third party sites, including their quality, accuracy or lawfulness. Further, Careten is not responsible for any software belonging to a third-party, and the use of such software is strictly within the Terms of the third-party only.

Section XV - Advertisements/Promotional Offers
Careten may occasionally feature promotions on Our Site that may be suitable for Our Members. The terms of these offers will also be provided on Our Site. Please note that Careten possesses discretionary authority regarding the length and features of these promotions and ads, as well as the related terms.

Section XVI - Indemnification
For conflicts related to third-parties, You acknowledge and agree that the staff, affiliates, service providers, suppliers, contractors, agents, shareholders, insurers and others linked to Careten are not to be held liable for any demands, including financial ones, requested by third-parties based on a breach of our Terms or a violation made by You. Careten is to be indemnified and held blameless from any such issues.

Section XVII – Changes to Site or Terms of Service
Careten possesses the right to alter, add, update or remove any feature of Our Terms of Service at any time. We suggest that You visit Our Site from time to time to review Our Terms and take note of any updates or changes that have been posted therein. You are solely responsible for keeping abreast of any modifications. If You intend to continue to use or Site or Services after modifications have been made to the Terms, You will need to accept these modifications in order to do so. With Your permission, We may also notify You of any modifications by email, at which point such modifications will be in effect. If you do not accept our Terms or any related changes, You must no longer use Our Site or the Services provided through it.

Section XVIII – Terminations
A) Suspension/Termination of Your Account
Careten reserves the right to cancel or suspend Your account and Your ability to use Our Site and Service at Our discretion, without prior permission from You. In that case, You acknowledge and agree that We will not hold any liabilities or be responsible for any refunds towards You or other parties involved. However, if Your account and access to Our Services is suspended or terminated, You will still hold responsibility for any payments or fees that may be due to Us or a Third Party, related to Your use of Our Site and Services.

B) Terms of Use Termination
Please note that Careten reserves the right to cancel Our Terms of Use without prior notice and at our sole discretion. We also have the discretionary authority to modify, suspend or terminate any Services offered by Us, without prior notice or liability to Members. However, all liabilities and responsibilities that have been established on a date prior to any terminations will still stand.
If you cancel Your use of Our Services, You may have these Terms of Use terminated by contacting Us, or by ceasing to use our Site. Also note that should we deem it necessary at any time to cancel this Agreement based on Your lack of compliance with any section of the Terms, You will still be held responsible for any outstanding fees or payments up to that termination date.

Section XIX – Site Errors
While we aim to provide clear, concise and error-free information on Our Site, random errors may occasionally appear related to pricing/charges, offerings, and product descriptions and availability. These errors may include inaccurate information, spelling errors/typos, and omissions. Once We have located an error, Careten reserves the authority to make corrections, alter descriptions and take any other action such as cancelling affected orders and modifying charges/prices without prior notice, and at any time. Please note that Careten is obligated to provide modifications only to the extent of the law, and we cannot guarantee that corrections/modifications will be rendered at the same time that any Service or website is updated.

Section XX – Applicable Laws
Careten is based in the United States, and operates in accordance to US laws and statutes. Our Site, Services and Product Offerings are for US customers only. We have no control over the use or availability of the Site or its contents outside of the US. In addition, if You attempt to access the Site from abroad, You are responsible for adhering to applicable local laws, and for any risks You may incur.

Section XXI - Unsolicited Data
Please note that unsolicited information uploaded or shared on Our Site is not considered to be confidential. If You provide materials, comments or other content, You agree that Careten and its affiliates may modify, reproduce or utilize the information in any way, and at any time and for whatever purposes it chooses, such as for publication, distribution, broadcasting, marketing and product development; and that such use will be royalty-free.
In addition, Your name may be used along with the unsolicited material provided, as well as any other information related to You. You also agree that You will adhere to the conditions and terms noted in Section IV regarding General Site Rules. Do not submit unsolicited content that You consider proprietary and confidential.

Section XXII - Personal Data
Please see our Privacy Policy regarding the use of Your personal data.

Section XXIII - Third Party Beneficiaries
By Your use of Our Site and Services, You acknowledge and agree that Careten holds no obligations and provisions for third party beneficiaries, unless specifically stated herein. This Agreement pertains to You only, and to no other parties.

Section XXIV - Legal Affiliations
By using our Site and Services, You agree that Careten is not Your legal employer, and as such, no employer-employee relationship exists between You and Careten. The Care Seeker will be Your actual employer. You also acknowledge that no legal affiliation exist or will exist between You and Careten, including partnerships, ventures, independent contractor or franchise relationship.

Section XXV - Miscellaneous
Careten’s Terms of Use, and Your relationship with Us, is under the jurisdiction of the State of New Jersey. By using our Site and Services, You agree to be bound by these laws, without consideration of the laws of other jurisdictions or countries.
By clicking the “Accept” button, You agree that this will serve as your electronic signature, which is an enforceable, legal substitute for a signature in writing under the U.S. federal E-SIGN legislation. However, You agree to provide a signature in writing, if requested by US.

Section XXVI - Contact Information
For questions regarding our Terms of Service, please email us at support@careten.com. To speak to us by phone, please call 855.9.CARE10 - (855.922.7310).