Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and Stroll Care LLC ("Company", "we", "our" or "us"). The following terms and conditions (the "Terms of Use"), govern your access to and use of, whether as a Site Visitor or Registered User (collectively, "Users"), Stroll Care LLC's Mobile Applications ("Apps"), https://strollcare.com (the "Website"), and all related tools, content and services provided in connection with the App or the Website (collectively, the Apps, the Website and all related tools and services are referred to herein as the "Services")
Please read the Terms of Use carefully before you start to use the Services. BY ACCESSING, VIEWING, OR USING THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT
[https://strollcare.com/privacy-policy], INCORPORATED HEREIN BY REFERENCE. If you do not wish to agree to be bound by these Terms of Use or the Privacy Policy, do not use the Services and uninstall all applications immediately.
Changes to the Terms of Use
You understand and agree that we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and they apply to all access to and use of the Services thereafter. By continuing to use the Services following notice, or by failing to close your account or uninstall the Apps, you hereby expressly accept and agree to the changes. If you do not agree to the changes, you must stop using the Services, close your account
and uninstall any Apps. You are expected to check these Terms of Use from time to time so you are aware of any changes, as they are binding on you.
If you are a paying Registered User and you close your account due to rejection of the revised Terms of Use before your paid membership term has ended, you may seek reimbursement for the paid pro rata balance of the remaining membership by emailing hello@strollcare.com
Eligibility
Services are offered and available to users who meet the following Eligibility Requirements:
you are at least eighteen (18) years old;
you have/will comply with all laws, rules and regulations in connection with your use of the Services and any service arranged through the Services;
neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person's own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses; and
neither you, nor anyone in your home or, as applicable, the location where care services are provided or received:
has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;
has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or
has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity;
By using these Services, you represent and warrant that you currently meet and will continue to meet all of the foregoing eligibility requirements for as long as you use the Services. If you do not meet all of these requirements, you must not access or use the Services. You understand and agree that Stroll Care, LLC may rely on the above Eligibility Requirements representations and warranties as true and you must discontinue use of the Service if at any time you no longer meet the Eligibility Requirements. You further understand that Stroll Care, LLC may revise the Eligibility Requirements from time to time and you agree to abide by such revised Eligibility Requirements or discontinue using the Services and uninstall the Apps.
Although Stroll Care, LLC has no obligation to verify the Eligibility Requirements, it reserves the right to do so in its sole discretion, and you hereby authorize Stroll Care, LLC to verify any or all of the above representations and warranties you make or the other information you provide.
Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.
If Stroll Care, LLC becomes aware of or believes that there are violations of the Eligibility Requirements by a User, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Services after termination or during suspension.
You understand and agree that Stroll Care, LLC does not routinely verify that any or all of the Eligibility Requirements are met by any other Users and we are not
responsible for assuring that the Eligibility Requirements are met. You further understand and agree that Stroll Care, LLC is not responsible for any failure to suspend, terminate or prevent the use of the Services by Users who do not meet the Eligibility Requirements. You are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another user to perform services. You are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users.
STROLL CARE, LLC HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE STROLL CARE, LLC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO: (I) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER'S ELIGIBILITY REQUIREMENTS; AND/OR (II) ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS.
Accessing the Website and Account Security
The Services will be in the form and format as determined by Stroll Care, LLC. We reserve the right to withdraw or amend these Services, and any material we provide, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict User access to some parts of the Services, or the entire Service.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to us through the use of any interactive
features on the Apps or Website is governed by our Privacy Policy [www.strollcare.com/privacy-policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with your secured information. You understand and agree that you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You further agree to not sell, license, lease or otherwise transfer your account to any other person or entity, without our prior written consent.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Services and its entire contents, features and functionality, including but not limited to, all information, materials, tools, code and content contained therein, text, graphics, data, HTML, photographs, music, sounds, images, software, videos, algorithms, structure, organization, and other content (collectively "Proprietary Material"), are owned by www.strollcare.com/privacy-policy , its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Apps, except as follows:
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may download one copy of a reasonable number of pages of the Apps or Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Copy, download, use, redesign, reconfigure, or retransmit anything from the Services without www.strollcare.com/privacy-policy prior express written permission.
Post, distribute or reproduce any User Content that you do not own, or which you do not have permission to use.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Apps or Website.
Access or use for any commercial purposes any part of the Services or any materials available through the Apps or Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Apps or Website in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Services or its content is transferred to you. All rights not expressly granted are reserved by www.strollcare.com/privacy-policy.
Trademarks
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Stroll Care, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Stroll Care, LLC. All other names, logos, product and service names, designs and slogans on the Apps or Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. The Services may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with Stroll Care, LLC, without express written permission from Stroll Care, LLC. You agree not to use the content posted by Users ("User Content") in order to contact, advertise, solicit, or sell to others without their express consent. You agree not to collect User Content or any other information, materials or content obtained through the Services.
You further agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including, by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services or expose them to liability.
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Services.
Post the same content repeatedly or spam other Users.
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Services, except where sponsored or created by Stroll Care, LLC
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Apps and Website.
Introduce any viruses, Trojan horses, worms, logic bombs, corrupted files or other material which is malicious or technologically harmful.
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Reverse engineer or attempt to discover any source code.
Otherwise attempt to interfere with the proper working of the Services.
User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "post"), content messages, ratings, reviews, photos, and/or materials (collectively, "User Contributions") on or through the Apps or the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contributions you post to the Apps or Website will be considered non-confidential and non-proprietary and you grant us and our affiliates, service providers, licensors, successors and assigns, the right to use, reproduce, modify, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions you post, and you and have the right to grant the license granted above to us and our affiliates, service providers, licensors, successors and assigns.
You understand and acknowledge that:
You are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Stroll Care, LLC does not independently verify that any of the User Contributions are accurate, appropriate, timely or complete.
You make your own decisions and assessments about User Contributions and about persons to engage or engagements to accept.
WE ARE NOT RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE SERVICES. YOU HEREBY EXPRESSLY RELEASE Stroll Care, LLC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARM, LOSS AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO ANY USER CONTRIBUTIONS, INCLUDING WITHOUT LIMITATION CLAIMS OF DEFAMATION, LIBEL AND SLANDER.
Changes to the Website
We may update the content on the App or Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Apps or Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You; Communicating with Stroll Care, LLC
All information we collect through the Services is subject to our Privacy Policy [www.strollcare.com/privacy-policy]. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You consent to Stroll Care, LLC communicating with you about the Services or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal messaging, data and other rates and fees will apply to these communications.
Online Purchases and Other Terms and Conditions
The Services may be used to help Users obtain or offer caregiving services and facilitate payment for such services. However, Users transact solely between themselves, and Stroll Care, LLC is not a party to any transactions between Users. Stroll Care, LLC hereby expressly disclaims, and you hereby expressly release Stroll Care, LLC from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
Stroll Care, LLC may use third-party payment processing services to process credit card payments in connection with the payment of membership fees and amounts payable for other services (the "Payment Service"). Payment processing services for Stroll Care, LLC are provided may be provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement", found at https://stripe.com/us/connect-account/legal ) By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified
by Stripe from time to time. As a condition of Stroll Care, LLC enabling payment processing services through Stripe, you agree to provide accurate and complete information about you, and you authorize Stroll Care, LLC to share it and transaction information related to your use of the payment processing services provided by Stripe. Please note that Stroll Care, LLC is not a party to the Stripe Services Agreement and as such it has no obligations or liability to you of any kind under the Stripe Services Agreement. If you have questions regarding the Stripe Services Agreement, please contact Stripe at https://support.stripe.com.
Stroll Care, LLC hereby expressly disclaims, and you hereby expressly release Stroll Care, LLC from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Stroll Care, LLC's use of third-party payment processing services.
For further information about Stroll Care, LLC's use of payment processing services, please contact Stroll Care, LLC by email at support@strollcare.com.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
The Apps or Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Apps or Website.
Send e-mails or other communications with certain content, or links to certain content, on the Apps or Website.
Cause limited portions of content on the Apps or Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Apps, Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Apps or Website other than the homepage.
Otherwise take any action with respect to the materials on the Apps or Website that is inconsistent with any other provision of these Terms of Use.
We may disable all or any social media features and any links at any time without notice, at our sole discretion. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease.
Links from the Website
The Services may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the
contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You understand and agree that if you decide to access any of the third party websites linked to the Apps or Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You should carefully review any applicable terms and policies that apply to any third-party services and content as Stroll Care, LLC Terms of Use and policies do not apply to such third-party services and content. Stroll Care, LLC hereby expressly disclaims, and you hereby expressly release us from, any and all liability whatsoever for any controversies related to such third-party services and content.
Consumer Reporting Agencies
Stroll Care, LLC may utilize or make available through its Services third-party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, "Consumer Reports"). Unless otherwise expressly stated in these Terms of Use, Stroll Care, LLC does not automatically run Consumer Reports on any Users. Stroll Care, LLC does not provide, and is not responsible or liable in any manner for the Consumer Reports and we do not endorse or make any representations or warranties regarding the reliability, accuracy, timeliness or completeness of such Consumer Reports.
Note the following limitations in Consumer Reports:
Records not available to third-party consumer reporting agencies will not be included in the results.
Not all arrest logs and records, conviction and corrections' records, sex offender registries and motor vehicle records are available in all jurisdictions.
In many jurisdictions there is a delay before arrest logs and records, conviction and corrections' records, sex offender registries and motor vehicle records are included in Consumer Reports.
Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results.
Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported.
Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESSING THE SERVICES, DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT
PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION.
YOU HEREBY EXPRESSLY RELEASE STROLL CARE, LLC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES OR STROLL CARE, LLC CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
The Services merely offer tools, resources and a venue to connect those seeking childcare, and other miscellaneous home services with those seeking to provide such services. You understand and agree that Stroll Care, LLC: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; and (C) does not automatically conduct any kind of background checks except as otherwise expressly stated in these Terms of Use or on the Apps or Website.
Stroll Care, LLC, its affiliates, licensors, service providers, employees, agents, officers and directors hereby expressly disclaim, and you hereby expressly release them from, any and all liability whatsoever for any controversies, claims, suits, injuries, breaches, losses, harm and/or direct, indirect, special, incidental, consequential or punitive damages arising from and/or in any way related to your use or inability to use the Services, third party content or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Services, you acknowledge and agree that you are solely
responsible for your use of the Services and the connections you make and that ALL USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF STROLL CARE, LLC TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, STROLL CARE, LLC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Stroll Care, LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Apps' or Website's content, services and products. You further agree that you will cooperate as requested by Stroll Care, LLC in the defense of such claims. Stroll Care, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any such claim or matter without the written consent of Stroll Care, LLC.
Governing Law; Jurisdiction; No Class or Representative Actions.
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use or inability to use the Services or these Terms of Use, shall be an Indiana State Court or Federal Court sitting in St. Joseph County, Indiana, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding.
You and Stroll Care, LLC agree that any dispute is personal to you and Stroll Care, LLC and that any such controversy, claim, suit, injury, harm, loss or damage shall be brought on an individual basis, and shall not be consolidated with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Use unenforceable.
Arbitration
At Stroll Care, LLC's sole discretion, we may require You to submit any disputes arising from the use of these Terms of Use or the Services to final and binding arbitration under the Rules of Arbitration and Arbitration Procedures of the American Arbitration Association ("AAA") applying Indiana law. The rules and procedures can be obtained at any AAA office, at www.adr.org , or by calling the AAA at 1-800-778-7879. If there is any inconsistency between the AAA Rules and
this arbitration provision, the terms of the arbitration provision will be controlled unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration.
The arbitration shall be conducted in South Bend, Indiana, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. Stroll Care, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in South Bend, Indiana, necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of Indiana.
Arbitration shall be conducted before a single arbitrator chosen by Stroll Care, LLC, and both you and Stroll Care, LLC expressly waive entitlement, if any, to have any controversy, claim, suit, injury, harm, loss or damage heard before a court or a jury. The arbitrator will base the decision on the evidence presented and in accordance with these Terms of Use and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator's decision will be final and binding upon all parties.
Each party will pay its own attorneys' fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stroll Care, LLC will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Any such controversy, claim, suit, injury, harm, loss or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any
controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Use or this arbitration provision unenforceable.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. You understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence arbitration against Stroll Care, LLC, you must file a case with the AAA. Instructions for filing a case with the AAA can be found on its website, www.adr.org. You must send a copy of any filing to Stroll Care, LLC at:
Stroll Care, LLC Attn: Legal
PO Box 6714, South Bend, IN, 46660, USA
For more information, see the AAA's claim filing page, www.adr.org/fileacase.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Stroll Care, LLC with respect to its Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Your Comments and Concerns; Notices
The Services are operated by Stroll Care, LLC at PO Box 6714, South Bend, IN, 46660, USA
All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement Section earlier in this Terms of Use in the manner and by the means set forth therein.
Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed above.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@strollcare.com.
Additional Terms Applicable To iPhone, iPod Touch or iPad Applications.
Notwithstanding anything to the contrary in these Terms of Use set forth above, the following additional terms shall apply to any Apps downloaded for use on the iPhone, iPod Touch or iPad:
Acknowledgement: You and Stroll Care, LLC acknowledge that these Terms of Use are solely between you and Stroll Care, LLC, and not with Apple Inc. ("Apple"). Stroll Care, LLC is solely responsible for the App and the content thereof unless stated otherwise in these Terms of Use. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple App Store shall govern if they are more restrictive.
Scope of License: The license granted to you is limited to a nontransferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support: You and Stroll Care, LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and Stroll Care, LLC acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Stroll Care, LLC. However, you understand and agree that in accordance with these Terms of Use, Stroll Care, LLC has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims: You and Stroll Care, LLC acknowledge that as between Apple and Stroll Care, LLC, Stroll Care, LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You and Stroll Care, LLC acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Stroll Care, LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim to the extent required under these Terms of Use.
Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any questions, complaints or claims with respect to the App should be directed to:
Stroll Care, LLC
Address: PO Box 6714, South Bend, IN, 46660, USA Email: support@strollcare.com
Third-Party Beneficiary: You and Stroll Care, LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
This and others should be a link to the privacy policy.