Terms of Service

Last updated:

Oct 5, 2026

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12.

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use certain products owned and operated by CareCub ASL, LLC, including the CareCub ASL Site, and/or the CareCub ASL Services (as defined below). Certain CareCub ASL, LLC Services may be subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.

Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety regardless of whether or not you register as a user of the Site or Services (thereby becoming a “Registered User”).
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against CareCub ASL to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 12 “Agreement to Arbitrate”). Except as specifically described in Section 12, unless you opt out you will only be permitted to pursue claims or seek relief against CareCub ASL, LLC on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
These Terms include the CareCub ASL, LLC Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
These Terms are subject to change by CareCub ASL, LLC at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.carecubasl.com/about/terms-of-use for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.carecubasl.com and any other websites, web pages, mobile applications and mobile websites operated by CareCub ASL, LLC (“CareCub ASL” or “we”) in the United States that link to these Terms, and the “Services” shall mean any of the various services that CareCub ASL provides through the Site or any other channels, including without limitation, over the telephone or videophone. The “Site” and “Services” also include any sites and services offered by CareCub ASL to the extent explicitly described in these Terms.

However, the terms “Site” and “Services” do not include or involve third-party entities that CareCub ASL may use to support the Site and the Services, such as Checkr or Stripe. Child care centers, nanny agencies, tutoring centers, in-home care agencies and other corporate ASL Sitters that may use the CareCub ASL Site or Services to market their services and/or recruit employees.

1. Description of Services; Limitations; User Responsibilities

1.1 About Our Services

CareCub ASL offers various Services to help its users find, coordinate, and maintain quality child care in American Sign Language (“ASL”). The Services we offer include, among others:

We provide a platform for individuals seeking child care services (such as individual or shared child care, special needs, and tutoring services) (each a “Family” and collectively “Families”) to post jobs on the Site, and to search for, narrow, find, and communicate with individuals and entities who provide care services (“ASL Sitters”), and for ASL Sitters to post profiles on the Site and browse, search, and apply to jobs. We also provide functionality that allows Families to search for and message other Families to help facilitate shared child care services.
We provide tools and information to help Families and ASL Sitters make more informed decisions, such as (i) our Safety Center which includes a safety guide and safety resources, (ii) verification dashboards on ASL Sitter profiles, which enable Families to check the status of an ASL Sitter’s various verifications, and (iii) a process for Families to obtain background check reports from third-party consumer reporting agencies on individual ASL Sitters who consent to the running and sharing of those reports.
We provide a directory of ASL Sitters who may provide services individually or through operate care-related businesses. Families may use this directory to may contact or request information from ASL Sitters.
We provide an online community for Registered Users to communicate and share information with other Registered Users who share a common interest or bond.
We may offer services that utilize generative artificial intelligence (“AI”) technology to provide content summarization, chat assistance, and related services (“AI Services”). By using these features, you acknowledge and agree that the AI Services, if utilized, may process, analyze, and generate responses based on content you provide, upload or input. All content, summaries, and responses provided by these AI Services come from automated systems and should be considered informational only. AI Output may contain inaccuracies, errors, or incomplete information. You are solely responsible for reviewing, verifying, and validating any AI Output before relying on it for any purpose.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2 Limitations of our Services

We offer Services to help our users find, coordinate, and maintain care for their families. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself,

We do not employ any ASL Sitters and are not responsible for the conduct, whether online or offline, of any Family, ASL Sitter, or other user of the Site or Services. Families are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax and minimum wage laws).
Family and ASL Sitter content is user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by ASL Sitters or Families on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
We do not refer or recommend Families or ASL Sitters nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by ASL Sitters or the integrity, responsibility or actions of Families or ASL Sitters whether in public, private or offline interactions. Any screening of an ASL Sitter and his, her, or their information by CareCub ASL is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s suitability as a care provider.
We are not an employment agency, and we do not secure or procure employees for any Families, nor do we secure or procure opportunities for employment for any ASL Sitters.
We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by ASL Sitters, nor do we require ASL Sitters to accept or work any jobs or deliver any services at all.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
As with any language in the world, ASL is ever-evolving with many regional dialects. Accordingly, we do not verify a Family’s or ASL Sitter’s quality or fluency in ASL.
We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or, in the case of child care centers, their state license information. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.

Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 8 below for important limitations on CareCub ASL’s liability to which you are agreeing by using the Site and Services.

1.3 User Responsibilities

Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Family or ASL Sitter for themselves or their family. Exceptions to this Section will only be provided in writing on a case-by-case basis.

Each Family is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the ASL Sitter they select as well as that ASL Sitter’s eligibility to work in the US.

2. Eligibility to Use the Site and Services

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant, to the fullest extent allowed by applicable federal and state laws, that you meet the following eligibility criteria:

You intend to use the Site and Services solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who reside legally in the United States.
If you are registering to be an ASL Sitter, you must be legally permitted to work within the United States.
Neither you nor any member of your household may have ever been:
- the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
  - any felony;
  - any criminal offense involving theft, drugs, violence, or physical, sexual, or emotional abuse or neglect;
  - any offense, violation, or unlawful act that involves: (a) endangering the safety of others (whether intentionally, recklessly, or negligently), or (b) fraud, dishonesty, or deception.
- registered, or currently required to register, as a sex offender with any government entity.
If you are a Family, you must not have had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (or five or more if you are seeking services in the State of California).
If you provide child care services in the State of Kansas, you must not be a licensed day care provider or provide your services outside the child’s home.

Should CareCub ASL become aware that a Registered User does not meet these eligibility criteria, it may take (but is not required to take) any action it deems appropriate, including without limitation requesting additional information, performing additional screenings or verifications, or terminating the Registered User’s account pursuant to Section 5 of these Terms. Notwithstanding the foregoing, and in accordance with Section 10 below, nothing in this Section should be construed as a representation, warranty, or guarantee by CareCub ASL that all users of the Site or Services meet these eligibility criteria or that any Family or ASL Sitter is safe, eligible, or suitable for any purpose.

3. Rules for User Conduct and Use of Services

3.1 Registration, Posting, and Content Restrictions

The following rules pertain to any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to CareCub ASL or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively the “Content”) that you publish or display (hereinafter, “post”):

Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
Unless otherwise permitted by CareCub ASL, to the extent possible, any language within any Content you post will be in ASL.
You are solely responsible for any Content that you post on the Site or transmit to other users of the Site, including Content that you may develop, post or transmit with the assistance of tools (including AI) that CareCub ASL may offer from time to time. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from CareCub ASL where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to CareCub ASL or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
You understand and agree that CareCub ASL may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of CareCub ASL violates these Terms or which CareCub ASL determines in its sole discretion might be impertinent, offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site, Services, or others.
You have the right, and hereby grant, to CareCub ASL, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by CareCub ASL will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of CareCub ASL and we may use all such communications, all without notice to, consent from, or compensation to you.

As Family and ASL Sitter Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by ASL Sitters or Families on or off the Site or Services, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold CareCub ASL harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site, the Services, or in any other venue.

Opinions, advice, statements, offers, or other information or content made available on or through the Site or Services, but not directly by CareCub ASL, are those of their respective authors. Such authors are solely responsible for such content. CareCub ASL does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Services. Under no circumstances will CareCub ASL or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Services; or (b) reviews or comments made about you on the Site or through the Services by other users.

You agree that CareCub ASL has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

3.2 Exclusive Use

If you are a Family, you may use the Site and Services only to find care for your children, your grandchildren, or individuals for whom you are otherwise the legal guardian.

If you are an ASL Sitter, you may use the Site and Services only to find care jobs for yourself. You are responsible for all activity on and use of your account that you create through the Site and Services, if applicable, and you may not assign or transfer your account to any other person or entity, or permit any other person or entity to use your account.

3.3 Prohibited Uses

By using the Site or Services of CareCub ASL, you agree that you will not under any circumstances:

use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by CareCub ASL;
harass, abuse or harm another person or group, or attempt to do so;
use another user’s CareCub ASL account;
provide false or inaccurate information when registering an account on CareCub ASL, using the Services or communicating with other Registered Users;
attempt to re-register with CareCub ASL if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
interfere or attempt to interfere with the proper functioning of CareCub ASL’s Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
use the communication systems provided by or contacts made on CareCub ASL for any commercial solicitation purposes other than those expressly permitted by CareCub ASL;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

Should CareCub ASL find that you violated the terms of this Section or any terms stated herein, CareCub ASL reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that CareCub ASL may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Family or ASL Sitter information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights CareCub ASL may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, CareCub ASL reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

4. Background and Verification Checks

4.1 ASL Sitters Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Registered Users

CareCub ASL offers to individuals who have registered as ASL Sitters one or more background check services from third-party consumer reporting agencies (“Background Checks”). These Background Checks may include, among other things, criminal history information checks, motor vehicle record checks, social media and online presence checks. Background Checks are performed only on ASL Sitters. Each ASL Sitter initiates and pays for their own Background Check, as described in Section 4.2.

Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.

Except for social media and online presence checks, CareCub ASL will receive a copy of each Background Check you order or authorize through CareCub ASL. See Section 4.4 below for information regarding CareCub ASL’s use of these Background Checks. You are responsible for making sure that the email address you provide to CareCub ASL is correct, knowing that sensitive information will be sent to it.

If you are an ASL Sitter and you have ordered a Background Check on yourself from a third-party consumer reporting agency through CareCub ASL, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific authorization.

4.2 Background Check Fees for ASL Sitters

ASL Sitters are required to complete a Background Check through CareCub ASL in order to use the Site and Services as an ASL Sitter. ASL Sitters must pay a one-time Background Check fee before the Background Check is initiated. The fee amount will be shown to you at the time of payment and may change from time to time. You are responsible for any applicable taxes associated with the fee.

Background Check fees are processed by Stripe, Inc. (“Stripe”), a third-party payment processor, and your payment is subject to Stripe’s terms of service and privacy policy. CareCub ASL does not store your full credit or debit card information. By submitting payment, you authorize CareCub ASL, through Stripe, to charge your chosen payment method for the Background Check fee.

ALL BACKGROUND CHECK FEES ARE NON-REFUNDABLE, including if you cancel the Background Check after it has been submitted, if you close your account, if CareCub ASL terminates your account, or if the results of the Background Check make you ineligible to use the Site or Services as an ASL Sitter.

4.3 Special Responsibilities of Users of Background Check under FCRA

The use of any Background Check reports obtained through the Site is governed by the federal Fair Credit Reporting Act (“FCRA”) and state laws. If you order or request access to Background Check on an ASL Sitter, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained the background check can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.

In addition to your obligations under the FCRA, you may have other obligations under state and local consumer reporting laws, credit laws, and/or employment laws. You agree to comply with these laws, and you agree not to request any Background Check for any purpose or at any time prohibited by such laws. You further agree not to use any Background Check for any false, fraudulent, or discriminatory purpose, or to consider any information you may receive in connection with any Background Check that you may not consider for employment purposes under such laws.

If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. if you choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific Background Check you order, CareCub ASL may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.

In certain states, counties, or municipalities, if you decide to take an adverse employment action against someone you are considering hiring or have already hired, you may be required to provide the applicant or employee with an individualized assessment explaining why the results of the Background Check disqualify them from performing required job duties. Contact your local labor department for further information.

4.4 CareCub ASL May Review and Use Background Checks You Order or Authorize About Yourself

By registering for and using the Site or Services as an individual ASL Sitter, and subject to your authorization, you acknowledge and agree that CareCub ASL may, but is not required to, review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain ASL Sitters, be considered an employment purpose pursuant to the FCRA. CareCub ASL reserves the right to terminate your account based on the information contained in such report, even if such information was subsequently dismissed.

If CareCub ASL terminates your account or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that CareCub ASL does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not CareCub ASL.

4.5 CareCub ASL May Order and Use Background Screenings About You

By registering for and using the Site or Services as an ASL Sitter, you hereby acknowledge and agree that CareCub ASL has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users (“Preliminary Screens”), which may, in the case of certain ASL Sitters, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as an ASL Sitter, CareCub ASL may order these screenings when you register with CareCub ASL and periodically thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other users, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).

These Preliminary Screens may also be regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA.

You understand and agree that CareCub ASL may review the information provided by the third-party consumer reporting agency and that CareCub ASL retains the right to terminate your CareCub ASL registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If CareCub ASL terminates your account or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that CareCub ASL does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not CareCub ASL) within the time period specified in your notice. Notwithstanding this, you agree that CareCub ASL is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.

BY AGREEING TO THESE TERMS AND USING OUR SITE AND/OR SERVICES, AND, IF APPLICABLE TO YOU AS AN ASL SITTER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARECUB ASL TO PERFORM THESE INTERNAL PRELIMINARY SCREENS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE PRELIMINARY SCREENS TO BE PERFORMED, YOU SHOULD NOT USE CARECUB ASL.

4.6 CareCub ASL May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

By registering as an ASL Sitter, you agree that CareCub ASL has the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your identity and registration data are accurate, and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). By registering as an ASL Sitter and agreeing to these Terms, you authorize CareCub ASL to request these Verification Checks and use them in connection with your CareCub ASL account. The third parties who perform these Verification Checks may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, cell phone records databases, and other data.

Additionally, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CareCub ASL or its service provider(s) for the duration of your business relationship with us, solely to help identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

You agree that CareCub ASL may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for CareCub ASL.

You also hereby represent, understand and expressly agree that CareCub ASL does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.

BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS AN ASL SITTER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW CARECUB ASL TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARECUB ASL.

4.7 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Preliminary Screens, and Verification Checks

SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.

This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through CareCub ASL; additional limitations may apply in certain jurisdictions, including on the federal level. For example, in many states only certain registered sex offender information is reported, and in many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).

In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he, she, or they provide, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.

If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless CareCub ASL from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.

You expressly acknowledge that CareCub ASL has no obligation to perform Background Checks, Preliminary Screens, or Verification Checks on any ASL Sitters. To the extent CareCub ASL performs such checks on certain ASL Sitters, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

5. Termination

CareCub ASL reserves the right, in its sole discretion, to immediately terminate your access to all or part of the CareCub ASL Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with CareCub ASL, with or without notice for any reason or no reason in its sole discretion, including without limitation if CareCub ASL should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, CareCub ASL shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

You understand and agree that, following any termination of any individual’s use of the Site or the Services, CareCub ASL has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

6. Privacy

CareCub ASL uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full [LINK] the terms of which are incorporated herein.

7. Links To External Sites

Links from the Site to external sites (including external sites that are framed by CareCub ASL) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by CareCub ASL of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. CareCub ASL does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or CareCub ASL’s Privacy Policy.

CareCub ASL expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold CareCub ASL harmless from any liability that may result from the use of links that may appear on the Site.

8. Release of Liability for Conduct and Disputes

By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold CareCub ASL (and CareCub ASL’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer if you enrolled in CareCub ASL through your employer’s benefits program, (“Affiliates”)) harmless from any claim or controversy that may arise out of:

the actions or inactions of, or the relationship between, you and any Family, ASL Sitter or other user(s) of the Site or Services; and
any information, instruction, advice or services created by any Family, ASL Sitter, or other third party that appeared on, or was communicated through, the Site or Services.

CareCub ASL and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.

9. Age Restrictions

CareCub ASL is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.

10. Disclaimers; Limitations; Waivers; Indemnification

10.1 No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by CareCub ASL, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CARECUB ASL DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARECUB ASL; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARECUB ASL EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, CARECUB ASL MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS AN ASL SITTER OR TO EMPLOY THE SERVICES OF AN ASL SITTER.

FURTHERMORE, AI SERVICES ARE PROVIDED “AS IS,” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AI MAY OCCASIONALLY PROVIDE RESPONSES, INFORMATION, OR SUMMARIES THAT ARE INAPPROPRIATE, BIASED, OFFENSIVE, OR OTHERWISE INACCURATE, AND CARECUB ASL EXPRESSLY DISCLAIMS LIABILITY FOR ANY INJURIES OR DAMAGES THAT RESULT FROM AI OUTPUTS.

10.2 Assumption of Risk

While CareCub ASL takes certain steps to help promote the safety of our Site and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Families or ASL Sitters, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful.

You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps CareCub ASL may take to vet or screen ASL Sitters and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in CareCub ASL’s Trust & Safety Page when interacting with other site visitors, Registered Users, their families, and others associated with them.

10.3 Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will CareCub ASL be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CareCub ASL, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARECUB ASL’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CARECUB ASL FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF $25.00.

No Liability for non-CareCub ASL Actions. IN NO EVENT WILL CARECUB ASL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. CareCub ASL makes no representations or warranties and expressly disclaims 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. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

10.4 Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless CareCub ASL and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by CareCub ASL and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Family or ASL Sitter using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. CareCub ASL and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of CareCub ASL. Users further agree to hold harmless CareCub ASL and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

11. Copyright Notices/Complaints

It is CareCub ASL’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting CareCub ASL’s copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

CareCub ASL’s agent for copyright issues relating to this Site is as follows:

Copyright Manager
CareCub ASL, LLC
402 King Farm Blvd Suite 125 #AM1020
Rockville, MD 20850
copyright@carecubasl.com
Phone: (443) 218-6345

In an effort to protect the rights of copyright owners, CareCub ASL maintains a policy to terminate, in appropriate circumstances, the access to its Site by Registered Users and other users of this Site who are repeat infringers.

12. Agreement to Arbitrate

This Section 12 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 12.7 below, you agree that all claims relating to or arising out of these Terms or the breach thereof other than those expressly set out in Section 12.3, whether grounded in contract, tort, or otherwise that have arisen or may arise between you and CareCub ASL or a CareCub ASL Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

12.1 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND CARECUB ASL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. EXCEPT FOR AS SET FORTH IN SECTION 12.6, UNLESS BOTH YOU AND CARECUB ASL EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST CARECUB ASL AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CARECUB ASL USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

12.2 Pre-Arbitration Dispute Resolution

CareCub ASL is always interested in resolving Disputes amicably and efficiently. Accordingly, both parties acknowledge and agree that before they commence arbitration, they will first make a good faith effort to resolve such Dispute informally. Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following address, CareCub ASL, LLC, 402 King Farm Blvd Suite 125 #AM1020, Rockville, MD 20850. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the Dispute; the specific relief sought; and proof of your relationship with CareCub ASL. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the notice, you and CareCub ASL agree to follow the resolution procedures for any Dispute described in this Section 12.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (“Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

12.3 Arbitration Procedures

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), including, as applicable, AAA Commercial Arbitration Rules and the Mass Arbitration Rules and Procedures in effect at the time any demand for arbitration is filed with AAA, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on AAA, please visit its website, https://www.adr.org. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 10. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a CareCub ASL registered user, any demand initiating arbitration, whether filed by You or CareCub ASL, must include the email address you used to register with CareCub ASL.

For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable AAA rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. If the value of the relief sought is $10,000 or less you or CareCub ASL may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CareCub ASL subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or CareCub ASL, unless the arbitrator requires otherwise.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable AAA rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 12.6, an arbitrator shall not be bound by rulings in prior arbitrations involving different CareCub ASL users, but is bound by rulings in prior arbitrations involving the same CareCub ASL user to the extent required by applicable law.

Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

12.4 Costs of Arbitration

Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11.

The parties agree that AAA has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate (including as specified in Section 12.6) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

12.5 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

12.6 Mass Arbitration Procedures

To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against CareCub ASL within reasonably close proximity (“Mass Arbitration”), the parties agree (i) to administer the Mass Arbitration in batches of 25 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Arbitration may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Arbitration, including fees owed by CareCub ASL and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 25 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with CareCub ASL and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless CareCub ASL otherwise consents in writing, CareCub ASL does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12.6. If your demand for arbitration is included in the Mass Arbitration, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Arbitration. If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor CareCub ASL shall be entitled to arbitrate any claim that is a part of the Mass Arbitration.

The results of the first batch of demands will be given to an AAA mediator selected from an initially proposed group of 5 mediators, with CareCub ASL and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Arbitration. After the results are provided to the mediator, CareCub ASL, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either CareCub ASL or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither CareCub ASL nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Arbitration.

12.7 Opt-Out Procedure

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. You must mail the Opt-Out Notice to CareCub ASL, LLC, 402 King Farm Blvd, Suite 125 #AM1020, Rockville, MD 20850. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the CareCub ASL account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, CareCub ASL will likewise not be bound by these arbitration provisions. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. All other terms of these Terms will continue to apply.

12.8 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material change to this Arbitration Agreement in the future, such change shall not be effective until 30 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against CareCub ASL prior to the effective date of the change, but will apply to all claims not yet filed regardless of when such claims may have accrued. If CareCub ASL changes this Arbitration Agreement, any failure to opt out within 30 days of such changes will be deemed acceptance of those changes.

13. Governing Law and Jurisdiction

These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 12, the Arbitration Agreement.

Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and CareCub ASL must be resolved exclusively by a state or federal court located in the State of Delaware.

You and CareCub ASL agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.

14. Consent to Electronic Communication

By using the Site or Services of CareCub ASL, you agree to allow CareCub ASL to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Screens) from CareCub ASL via the CareCub ASL Site, Services, mobile application, online messaging platform, or e-mail. You also agree to check your CareCub ASL account, alerts, and messages, and the e-mail account reflected on your CareCub ASL (which you are also required to keep updated) on a reasonably regular basis to stay apprised of important notices and information about your account.

15. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 8) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

16. Severability

If a court decides that any term or provision of these Terms other than Section 12 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.

17. Contact Information

If you have any questions or need further information as to the Site or Services provided by CareCub ASL, or need to notify CareCub ASL as to any matters relating to the Site or Services please contact CareCub ASL at:

Email: contact@carecubasl.com
Phone: (443) 218-6345