Last updated: 7.7.2026
Astra Home Care DBA True Care, together with True Venture Group and their applicable affiliates, related entities, programs, and brands, as applicable (collectively, “True Care,” “we,” “our,” or “us”), makes available the website located at https://truecareny.com/ and any pages, features, content, tools, forms, resources, media, blog posts, location pages, service-inquiry pages, caregiver certification pages, career pages, contact pages, testimonial pages, social-media links, and related online features that link to or reference these Terms of Use (collectively, the “Site”).
IMPORTANT SERVICE AND EMERGENCY NOTICE: THE SITE IS NOT FOR MEDICAL EMERGENCIES, URGENT MEDICAL NEEDS, CAREGIVER EMERGENCIES, HOME-CARE EMERGENCIES, TRANSPORTATION EMERGENCIES, OR IMMEDIATE SAFETY NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. IF YOU OR ANOTHER PERSON IS IN IMMEDIATE DANGER, CALL 911 OR CONTACT APPROPRIATE EMERGENCY SERVICES. DO NOT USE THE SITE, ANY FORM, EMAIL, TEXT MESSAGE, OR OTHER NON-EMERGENCY COMMUNICATION CHANNEL TO SEEK EMERGENCY CARE OR IMMEDIATE ASSISTANCE.
PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING THE SITE, SUBMITTING INFORMATION THROUGH THE SITE, REQUESTING INFORMATION OR CONTACT, CLICKING TO INDICATE ACCEPTANCE, APPLYING FOR SERVICES, TRAINING, CERTIFICATION, OR EMPLOYMENT THROUGH THE SITE, OR OTHERWISE MANIFESTING ASSENT TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
These Terms apply only to the Site. Separate websites, portals, mobile applications, client service agreements, care plans, medical orders, authorizations, Medicaid or payer documents, employment applications, training materials, certification documents, employee portals, text-messaging programs, social media pages, promotions, or other services operated by True Care or third parties may be subject to separate terms, consents, notices, privacy policies, notices of privacy practices, or other requirements. If there is a conflict between these Terms and any additional terms that expressly apply to a particular feature, page, service, care relationship, employment relationship, training program, platform, or agreement, the additional terms will control solely with respect to that feature, page, service, relationship, program, platform, or agreement.
1.1. Acceptance and Authority. You may use the Site only if you can form a binding contract with True Care or if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you access or use the Site on behalf of a company, healthcare provider, managed long-term care plan, referral source, case manager, caregiver, client, patient, family member, applicant, organization, or other legal entity or person, you represent that you have authority to do so and to provide any information that you submit through the Site, and “you” includes that entity or person to the extent applicable.
1.2. Children and Vulnerable Persons. The Site is intended for a general audience and is not directed to children. If you are under the age of majority in your place of residence, you may use the Site only with the consent and supervision of a parent or legal guardian. You may not submit personal information, protected health information, health-related information, disability-related information, caregiver information, payment information, or information about another person through the Site unless you have the legal right to do so or have obtained any legally required consent, authorization, or authority.
1.3. Informational Home Care Site. The Site may include information about True Care, licensed home care services, personal care, daily living support, companionship, nursing services, private care services, private-pay options, Medicaid or managed long-term care topics, caregiver certification, Personal Care Assistant (PCA) training, career opportunities, locations, service areas, support services, affiliate services, telehealth-based primary care, remote patient monitoring, ambulance or transportation services, blogs, testimonials, contact options, and related services and activities. Unless expressly stated otherwise, the Site is not itself an emergency service, hospital, physician practice, skilled nursing facility, insurance product, Medicaid agency, eligibility determination, coverage determination, final service authorization, care plan, medical order, employment offer, professional advice service, or certification guarantee.
1.4. Separate Care, Payment, Employment, Training, and Privacy Documents. Home care, nursing services, private care, support services, affiliate services, telehealth, remote patient monitoring, ambulance or transportation services, caregiver certification, PCA training, employment, billing, payment, insurance, Medicaid, managed long-term care, eligibility, client intake, case management, medical records, and privacy processes may be subject to separate agreements, consents, authorizations, physician orders, care plans, training documents, employment documents, financial responsibility terms, notices of privacy practices, privacy policies, or other documentation. Those materials may establish important rights, responsibilities, limitations, and obligations in addition to these Terms.
1.5. Electronic Communications and Marketing Consent. By submitting a form, sending an inquiry, requesting contact, providing a phone number or email address, applying for services, applying for employment, registering for caregiver training, subscribing to email updates, consenting to SMS or phone contact, submitting a testimonial, or otherwise communicating with us through the Site, you consent to receive electronic communications from us, including responses to your inquiry and other administrative, transactional, service-related, intake, eligibility, billing, employment, training, scheduling, care-coordination, or support communications. If you provide a telephone number and consent to receive calls or text messages, you authorize True Care and its service providers to contact you using calls, text messages, prerecorded messages, automated systems, or similar technologies to the extent permitted by law and your consent. Message and data rates may apply. Consent to marketing communications is not required as a condition of receiving services, employment, or training. Where required by law, marketing communications will be sent only with appropriate consent or another lawful basis and may be subject to your communication preferences and unsubscribe rights.
2.1. Access to the Site. Access to public portions of the Site is generally provided free of charge. Certain pages, resources, downloads, forms, videos, training resources, location information, service request tools, career tools, or other features may be available only in particular languages, territories, devices, or formats, or may redirect to third-party websites or separate True Care, affiliate, vendor, or partner websites that are not governed by these Terms.
2.2. Accounts, Forms, and Interactive Features. The Site may offer or link to features that allow you to submit information, request contact, request services, request a free care assessment, apply for home care, register for training, apply for employment, subscribe to email updates, provide a testimonial, ask questions, or otherwise interact with True Care or third parties. If any feature requires registration or credentials, you agree to provide accurate, current, and complete information; maintain the security of any credentials; promptly update information as necessary; and notify us if you suspect unauthorized access or misuse.
2.3. Limited License. Subject to your compliance with these Terms, True Care grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for your personal, informational, non-commercial use or for legitimate business, referral, service, training, or employment purposes consistent with these Terms. No rights are granted except as expressly stated in these Terms.
2.4. Site Changes and Availability. We may update, modify, suspend, discontinue, restrict, or remove any part of the Site at any time without notice. We do not guarantee that the Site or any content will be available, uninterrupted, secure, accurate, complete, current, or error-free. The Site may be unavailable due to maintenance, updates, technical issues, security issues, internet failures, acts of third parties, or circumstances outside our reasonable control.
2.5. Suspension and Termination. We may suspend or terminate your access to the Site or any feature if we believe you have violated these Terms, violated applicable law, created risk for True Care or others, interfered with the Site, submitted inaccurate or inappropriate information, submitted information without proper authority, or engaged in fraudulent, abusive, or unauthorized activity. You may stop using the Site at any time.
2.6. Prohibited Conduct. You may not: (a) use the Site for any unlawful, fraudulent, deceptive, harmful, infringing, abusive, harassing, discriminatory, or unauthorized purpose; (b) submit false, misleading, unauthorized, confidential, or sensitive information about yourself or another person; (c) copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or non-public technology from the Site, except to the extent such restriction is prohibited by applicable law; (d) use any robot, spider, scraper, crawler, data-mining tool, artificial intelligence training tool, or other automated or manual process to access, harvest, index, copy, monitor, or compile content from the Site except as permitted by publicly available search-engine indexing instructions or our express written authorization; (e) interfere with, disrupt, damage, overload, impair, or circumvent the Site, its security, or any server or network connected to the Site; (f) introduce viruses, malware, worms, Trojan horses, back doors, logic bombs, or other harmful code; (g) impersonate any person or entity or misrepresent your affiliation, identity, credentials, licensure, certification, authority, or eligibility; (h) access or attempt to access non-public areas, accounts, systems, data, or materials without authorization; (i) remove, obscure, or alter copyright, trademark, proprietary-rights, privacy, healthcare, or legal notices; (j) frame, mirror, deep link, or otherwise make available the Site or any content in a manner that suggests sponsorship, endorsement, or affiliation without our written permission; (k) use the Site or True Care Materials to develop, train, improve, or benchmark a competing product, service, model, or database without authorization; or (l) otherwise use the Site in a manner inconsistent with these Terms or applicable law.
3.1. True Care Materials. The Site and all information, data, text, photographs, videos, graphics, illustrations, logos, icons, trademarks, service marks, trade names, audio, scripts, designs, layouts, interfaces, software, databases, files, downloads, reports, documents, pages, features, and other content or materials made available on or through the Site (collectively, “True Care Materials”) are owned by True Care, its affiliates, or its licensors and are protected by intellectual property and other laws.
3.2. Trademarks. The names, logos, service names, program names, slogans, and trade dress of True Care and its affiliates, including TRUE CARE and other marks displayed on the Site, are trademarks or other proprietary identifiers of True Care, its affiliates, or their respective owners. You may not use or reproduce any True Care name, logo, trademark, or other proprietary identifier without True Care’s prior written authorization, except as permitted by applicable law.
3.3. No Transfer of Ownership. Except for the limited license in Section 2.3, nothing in these Terms transfers or grants to you any right, title, or interest in or to the Site, True Care Materials, True Care trademarks, or any related intellectual property rights. All rights not expressly granted are reserved by True Care and its licensors.
3.4. Permitted Informational Use. You may view Site pages and download or print reasonable copies of publicly available True Care Materials solely for personal, informational, non-commercial use or legitimate internal business, referral, service, care-planning, training, or employment reference, provided that you do not remove proprietary notices, modify the materials, imply True Care’s endorsement, or use the materials in a misleading, unlawful, or competitive manner. Any other reproduction, distribution, public display, public performance, adaptation, republication, or commercial use requires True Care’s prior written authorization.
3.5. Service, Program, and Location Information. The Site may describe True Care’s business, mission, values, locations, service areas, home care services, nursing services, private care services, support services, caregiver certification, PCA training, career opportunities, affiliate services, telehealth-based primary care, remote patient monitoring, ambulance or transportation services, Medicaid or payment information, and related topics. Such information is provided for general informational purposes only and may vary by person, payer, location, licensure, availability, referral source, care plan, physician order, authorization, service area, and applicable law. Service descriptions, staffing, training requirements, office locations, languages, certifications, third-party relationships, payer options, and availability may change without notice.
3.6. No Professional Advice. Content on the Site is not medical, nursing, clinical, emergency, transportation, legal, tax, financial, insurance, benefits, Medicaid, employment, certification, or other professional advice. You should not rely on Site content as a substitute for advice from qualified professionals, your healthcare provider, emergency responders, your payer or managed care plan, legal counsel, financial advisors, or your own independent evaluation.
3.7. No Provider-Patient or Care Relationship Through Site Use. Your use of the Site, submission of a form, request for contact, request for services, or receipt of a response does not, by itself, create a provider-patient relationship, home-care relationship, caregiver relationship, nurse-patient relationship, transportation relationship, professional relationship, employment relationship, training relationship, agency relationship, payer relationship, or any duty to provide or arrange services. Any care, services, employment, training, certification, eligibility support, or related relationship will be established only through applicable intake, approval, authorization, onboarding, credentialing, care-planning, employment, training, or other required processes.
3.8. Medicaid, Insurance, Payment, and Eligibility Information. The Site may describe Medicaid-funded care, Medicaid Managed Long-Term Care (MLTC), Medicare, self-pay, private care, long-term care insurance, veterans benefits, life insurance, catastrophic insurance, or other payment options. Such information is general only and does not guarantee eligibility, coverage, enrollment, authorization, reimbursement, continued benefits, no-cost services, specific pricing, or payment by any government program, payer, plan, or person. Coverage, eligibility, authorization, payment, and billing are subject to applicable law, payer rules, plan documents, clinical criteria, service requirements, and separate agreements.
3.9. Testimonials, Outcomes, and Examples. Testimonials, reviews, stories, case studies, statistics, examples, service descriptions, awards, certifications, partnerships, initiatives, and similar content displayed on the Site are provided for informational purposes only and do not guarantee similar outcomes, continued availability, employment, certification, eligibility, clinical results, reduced hospitalizations, payer approval, service authorization, or future performance.
4.1. No Emergency Monitoring. The Site and its forms are not monitored for emergencies and should not be used to request urgent medical care, urgent home-care support, caregiver replacement, transportation for an emergency, medication assistance, safety intervention, or other immediate assistance. For emergencies, call 911 or go to the nearest emergency room. For non-emergency service or scheduling needs, use the contact information or other channels provided by True Care for that purpose.
4.2. Service Availability and Approval. Descriptions of home care, nursing services, private care, support services, affiliate services, telehealth-based primary care, remote patient monitoring, ambulance services, medical transportation, caregiver certification, or employment opportunities do not mean those services, programs, jobs, or training options are available to you or in your location. Availability may depend on licensure, staffing, payer authorization, physician orders, clinical needs, geographic service area, language needs, scheduling, safety considerations, background checks, credentialing, training approval, and other factors.
4.3. Care Plans, Orders, and Clinical Judgment. Any care plan, nursing service, skilled service, medical follow-up, telehealth service, remote patient monitoring, transportation service, or related support may require professional evaluation, physician orders, clinical judgment, payer authorization, consent, or separate documentation. Information on the Site does not replace or modify any care plan, physician order, medical instruction, nursing instruction, medication direction, emergency instruction, or advice from your healthcare provider.
4.4. Caregiver Certification and Careers. Information about caregiver certification, PCA training, home health aide careers, office roles, benefits, flexible scheduling, pay, training, mentorship, advancement opportunities, or job openings is informational only. It does not guarantee admission to a training program, completion of certification, employment, placement, job availability, hours, compensation, benefits, immigration or work authorization, background-check clearance, licensure, credentialing, or continued employment. Employment and training matters may be subject to separate applications, policies, handbooks, agreements, background checks, eligibility requirements, and applicable law.
5.1. User Submissions. The Site may allow you to submit inquiries, comments, requests, contact information, service-interest information, patient or client information, caregiver information, relationship-to-patient information, health-related information, Medicaid or payment-related information, language preferences, applicant information, resumes, certifications, testimonials, reviews, photographs, videos, questions, files, or other content (collectively, “User Submissions”). You retain any rights you have in your User Submissions, subject to the rights granted to True Care in these Terms and any separate terms, consents, authorizations, employment documents, training documents, or privacy notices that apply to the relevant feature or platform.
5.2. Responsibility for User Submissions. You are solely responsible for your User Submissions and represent that you have all rights, permissions, consents, authorizations, and legal authority necessary to submit them and to grant the rights described in these Terms. You may not submit any User Submission that is unlawful, false, misleading, defamatory, obscene, harassing, abusive, threatening, discriminatory, hateful, infringing, confidential without authorization, invasive of privacy, harmful to minors or vulnerable persons, or otherwise objectionable, or that contains malware or other harmful code.
5.3. License to User Submissions. By submitting User Submissions, you grant True Care and its affiliates a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, translate, publish, display, distribute, store, transmit, and otherwise process the User Submissions for the purposes of operating, securing, improving, and administering the Site; responding to your inquiry; evaluating requests; processing applications; administering training or employment inquiries; maintaining records; enforcing rights; complying with law; and carrying out other lawful business purposes, subject to applicable privacy, healthcare, employment, and data-protection laws and any separate terms, consents, or authorizations that apply.
5.4. Feedback. If you submit ideas, suggestions, comments, proposals, or other feedback about True Care, the Site, services, programs, content, training, caregiver certification, employment opportunities, affiliate services, or business activities (collectively, “Feedback”), you agree that True Care may use Feedback without restriction, attribution, or compensation to you, provided that True Care’s use of personal information and protected health information remains subject to applicable privacy, healthcare, and data-protection laws.
5.5. Testimonials, Reviews, and Media. If you submit or authorize a testimonial, review, story, photograph, video, audio recording, rating, or similar content, additional permissions, releases, consents, or privacy authorizations may apply. True Care may edit testimonials or similar content for length, clarity, and formatting, provided that any use of personal information or protected health information remains subject to applicable law and any required authorization.
5.6. No Obligation to Monitor. We may, but are not obligated to, review, monitor, edit, reject, remove, or refuse User Submissions or other content submitted through the Site at any time and for any reason, including if we believe the content violates these Terms, applicable law, or the rights or interests of True Care or any third party.
5.7. Third-Party Materials and Links. The Site may include links to third-party websites, social media platforms, videos, maps, career platforms, applicant tracking systems, partner or affiliate services, telehealth or remote patient monitoring providers, transportation providers, payer or government resources, hosting providers, analytics tools, or other resources (collectively, “Third-Party Materials”). Third-Party Materials are provided for convenience only. True Care does not control and is not responsible for Third-Party Materials, their content, availability, security, accuracy, practices, policies, services, or eligibility determinations. Your use of Third-Party Materials is at your own risk and may be governed by separate terms and policies.
6.1. Privacy Notices. True Care’s collection, use, disclosure, retention, and protection of personal information in connection with the Site is described in the privacy policies, notices of privacy practices, and any other applicable privacy notices posted on or linked from the Site or otherwise provided to you. Please review those notices carefully.
6.2. Protected Health Information. Certain information submitted through the Site or in connection with services may include protected health information or other health-related information. To the extent applicable, True Care’s use and disclosure of protected health information is governed by HIPAA, state privacy laws, and True Care’s applicable Notice of Privacy Practices, not solely by these Terms. Do not submit health information about yourself or another person unless you have the legal right and authority to do so and the submission is appropriate for the non-emergency channel you are using.
6.3. Cookies and Similar Technologies. The Site may use cookies, tags, pixels, local storage, analytics tools, consent-management tools, advertising tools, and similar technologies. Where required by applicable law, True Care will request consent or provide choices regarding non-essential cookies or similar technologies. Your choices may affect the functionality or personalization of the Site.
6.4. International Access. The Site is intended primarily for users located in the United States. If you access the Site from outside the United States, you are responsible for complying with local laws that apply to your access and use. True Care does not represent that the Site, True Care Materials, services, training programs, job opportunities, or communications are appropriate or available in every jurisdiction.
7.1. Your Representations. You represent and warrant that: (a) you have the right, authority, and capacity to agree to these Terms; (b) the information you provide to True Care is truthful, accurate, current, and complete; (c) you will comply with these Terms and all applicable laws; (d) your access to and use of the Site will not violate any contract, legal obligation, privacy right, healthcare information right, employment obligation, or third-party right; (e) you will not use the Site to obtain unauthorized access to any system, data, record, or content; and (f) you will not use the Site or True Care Materials in a manner that infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, confidentiality, healthcare information, employment, or other rights of True Care or any third party.
7.2. Submission Representations. If you provide User Submissions or Feedback, you further represent and warrant that: (a) you own or otherwise have sufficient rights, permissions, consents, and authority to provide the User Submissions or Feedback; (b) you have obtained all necessary consents, authorizations, and permissions, including from any patient, client, family member, caregiver, applicant, employee, or other person whose information you submit; (c) the User Submissions or Feedback are accurate to the best of your knowledge and are not misleading; and (d) True Care’s receipt and permitted use of the User Submissions or Feedback will not violate applicable law or the rights of any third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND TRUE CARE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, RELIABILITY, OR ERROR-FREE OPERATION.
WITHOUT LIMITING THE FOREGOING, TRUE CARE DOES NOT WARRANT THAT THE SITE OR TRUE CARE MATERIALS WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR ANY SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, APPROPRIATE FOR ANY PARTICULAR PERSON, OR SUITABLE FOR ANY PARTICULAR PURPOSE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK.
TRUE CARE DOES NOT WARRANT THAT ANY HOME CARE, NURSING, PRIVATE CARE, SUPPORT SERVICE, AFFILIATE SERVICE, TELEHEALTH, REMOTE PATIENT MONITORING, AMBULANCE, TRANSPORTATION, CAREGIVER CERTIFICATION, PCA TRAINING, EMPLOYMENT, PAYMENT, MEDICAID, ELIGIBILITY, CARE-COORDINATION, APPLICATION, COMMUNICATION, OR OTHER INFORMATION DESCRIBED ON OR ACCESSIBLE THROUGH THE SITE WILL BE AVAILABLE, ERROR-FREE, APPROPRIATE FOR YOU, COVERED BY ANY PAYER, AUTHORIZED BY ANY PLAN, SUFFICIENT FOR ANY CARE OR SAFETY PURPOSE, OR SUFFICIENT FOR ANY TRAINING, EMPLOYMENT, PAYMENT, OR BENEFITS PURPOSE. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY WARRANTY, GUARANTEE, CONDITION, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER APPLICABLE LAW. WHERE SUCH RIGHTS APPLY, ALL DISCLAIMERS IN THESE TERMS ARE SUBJECT TO THOSE RIGHTS.
9.1. Indemnity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRUE CARE, ITS AFFILIATES, RELATED PROFESSIONAL ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CAREGIVERS, CLINICIANS, NURSES, AGENTS, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF THE SITE; (B) YOUR USER SUBMISSIONS OR FEEDBACK; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF APPLICABLE LAW OR THIRD-PARTY RIGHTS; (E) YOUR REFERRAL, SUBMISSION, OR DISCLOSURE OF INFORMATION ABOUT ANOTHER PERSON WITHOUT PROPER AUTHORITY; OR (F) YOUR NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR MISREPRESENTATION.
9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUE CARE AND ITS AFFILIATES, RELATED PROFESSIONAL ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CAREGIVERS, CLINICIANS, NURSES, AGENTS, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, PROGRAMS, BUSINESS, OPPORTUNITY, EMPLOYMENT, CARE, SERVICES, PAYMENT, BENEFITS, AUTHORIZATION, CERTIFICATION, TRAINING, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO THE SITE, TRUE CARE MATERIALS, THIRD-PARTY MATERIALS, USER SUBMISSIONS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUE CARE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, TRUE CARE MATERIALS, THIRD-PARTY MATERIALS, USER SUBMISSIONS, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR, IF GREATER, THE MINIMUM AMOUNT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
9.4. Mandatory Law. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY TO THE EXTENT SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE WHERE NOT LIMITABLE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED.
10.1. Governing Law. Except to the extent mandatory law provides otherwise, these Terms and any dispute, claim, or controversy arising out of or relating to the Site, True Care Materials, User Submissions, or these Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law rules that would require application of another jurisdiction’s laws.
10.2. Courts. Except to the extent applicable mandatory law gives you the right to bring proceedings in another forum, any dispute arising out of or relating to the Site or these Terms will be submitted to the competent state or federal courts located in the State of New York. You and True Care each retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized use, unauthorized disclosure, data-security harm, or violation of intellectual property rights, confidentiality rights, privacy rights, healthcare information rights, employment rights, or other rights.
10.3. Consumer Rights. If you are a consumer, nothing in these Terms deprives you of the protection of mandatory provisions of the law of the jurisdiction where you reside or any non-waivable rights to which you are entitled under applicable law.
10.4 Class, Collective, Representative, and Consolidated Action Waiver; Time Limitation on Claims. To the maximum extent permitted by applicable law, you and True Care agree that any dispute, claim, or cause of action arising out of or relating to the Site, these Terms, True Care Materials, Third-Party Materials, User Submissions, communications with True Care, or your access to or use of the Site must be brought only on an individual basis. You and True Care each waive any right to bring, maintain, participate in, or receive relief from any class, collective, consolidated, representative, private attorney general, mass, or multi-plaintiff action, lawsuit, arbitration, or proceeding, whether as a named plaintiff, class member, collective member, representative, private attorney general, or otherwise. No court or other tribunal may consolidate more than one person’s claims, preside over any form of class, collective, consolidated, representative, private attorney general, mass, or multi-plaintiff proceeding, or award relief on behalf of any person or entity other than the individual party seeking relief, except to the extent such restriction is prohibited by applicable law.
To the maximum extent permitted by applicable law, any dispute, claim, or cause of action arising out of or relating to the Site, these Terms, True Care Materials, Third-Party Materials, User Submissions, communications with True Care, or your access to or use of the Site must be filed within one year after the claim or cause of action accrues; otherwise, the claim or cause of action is permanently barred. This one-year limitation period applies regardless of the form of action and applies to all claims, whether based in contract, tort, statute, equity, common law, or any other legal theory, except to the extent a longer limitation period is required by non-waivable applicable law.
If any portion of this Section is found to be invalid, illegal, or unenforceable as to a particular claim or request for relief, that portion will be enforced to the maximum extent permitted by applicable law and severed only to the extent necessary, and the remaining portions of this Section will remain in full force and effect.
11.1. Changes to these Terms. We may revise these Terms from time to time by posting an updated version on the Site or by providing other notice as required by applicable law. Unless otherwise stated in the updated Terms, changes apply when posted and do not apply retroactively to events that occurred before the changes. Your continued use of the Site after updated Terms are posted constitutes your acceptance of the updated Terms to the extent permitted by applicable law.
11.2. Entire Agreement. These Terms, together with any policies and additional terms expressly incorporated by reference or posted on the Site, constitute the entire agreement between you and True Care regarding the Site and supersede all prior or contemporaneous understandings regarding the Site.
11.3. Waiver and Severability. True Care’s failure to enforce any provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be modified or severed to the minimum extent necessary to make these Terms valid and enforceable.
11.4. Assignment. You may not assign, transfer, or delegate your rights or obligations under these Terms without True Care’s prior written consent. Any attempted assignment, transfer, or delegation without such consent is void. True Care may assign, transfer, or delegate these Terms or its rights and obligations at any time, subject to applicable law.
11.5. No Agency. You and True Care are independent parties. These Terms do not create any agency, partnership, joint venture, employment, franchise, fiduciary, client, patient, caregiver, nurse-patient, healthcare provider, payer-beneficiary, insurer-insured, training, certification, transportation, or other similar relationship between you and True Care.
11.6. Survival. Any provisions of these Terms that by their nature should survive termination or expiration will survive, including provisions regarding ownership, intellectual property, User Submissions, Feedback, testimonials, disclaimers, indemnity, limitation of liability, governing law, dispute resolution, and interpretation.
11.7. Language. These Terms may be made available in more than one language. To the extent permitted by applicable law, the version designated by True Care as controlling will govern. Any translation is provided for convenience only.
11.8. Contact Us. If you have questions about these Terms or the Site, you may contact True Care at: Astra Home Care DBA True Care, 117 Church Avenue, Brooklyn, NY 11218; telephone: 718-854-8783; fax: 718-534-9771; email: info@truecareny.com. For privacy matters, the Site identifies a dedicated privacy hotline at 646-668-5899. For home care, nursing, private care, support services, affiliate services, telehealth, remote patient monitoring, ambulance or transportation services, Medicaid, payment, eligibility, privacy, employment, training, caregiver certification, applicant, media, or other inquiries, please use the relevant contact form or contact channel made available on the Site. Do not use these contact methods for emergencies. For emergencies, call 911 or go to the nearest emergency room.