Terms of Service

Localposh.com, Inc. – Terms of Service (Senior Concierge & Care Matching)

These Terms of Service ("Terms") govern your access to and use of the websites, mobile experiences, messaging, and other online services provided by Localposh.com, Inc. ("Localposh," "we," "us," or "our") that help people and organizations find, schedule, or receive non-medical senior companionship, concierge, and related services (the "Service").

By using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Service. You must be 18 or older.

Localposh is not a medical provider and does not provide emergency services. If this is an emergency, call 911.

1. What Localposh Is

• Localposh operates a platform that connects individuals seeking non-medical companionship, lifestyle, or respite support ("Members" or "Families") with independent third-party providers who deliver those services ("Care Concierges").
• In this connector role, Localposh does not supervise, control, or employ Care Concierges and does not guarantee any service, schedule, or outcome.
• Services are delivered directly by the Care Concierge to the Member or Family, not by Localposh.

2. Licensed / Regulated States or Programs

• In some states, Localposh or its affiliates may hold licenses, certifications, or payer enrollments to operate under home- and community-based or companion-care regulations.
• When applicable, you may be asked to sign state-specific or program-specific forms, including HIPAA authorizations, consent to release information, or payer assignment forms.
• Even where licensed, Localposh's services remain non-medical, supportive, and companionship-based unless expressly stated otherwise.

3. Who Uses the Service

• "Families/Members" are individuals or organizations seeking services for themselves or another.
• "Care Concierges" are independent individuals or businesses providing services through Localposh.
• Both are "Users." Each User is responsible for their own actions and compliance with all laws (including worker classification, tax, and elder-protection laws).

4. Screening, Verification & Your Responsibilities

• Localposh screens all Care Concierges before activation. Screening includes identity verification, reference checks, criminal background review, sex-offender registry search, health or tuberculosis screening (where required), and a motor-vehicle record (MVR) review for those providing transportation.
• While we take reasonable steps to promote safety, screening is limited in scope and timing and cannot guarantee suitability or future behavior.
• You agree to conduct your own due diligence—including interviews, compatibility checks, and care planning—before allowing a Care Concierge to provide services.
• You acknowledge that any in-home or in-person service involves inherent risk, which you voluntarily assume.

5. HIPAA/PHI Consent & Information Sharing

By using the Service, you expressly authorize Localposh to collect, use, store, and disclose limited personal, health, or protected health information ("PHI") as necessary to coordinate care and scheduling with your assigned Care Concierge, health plan, case manager, or referring provider.

This may include sharing relevant background details (such as care needs, schedules, emergency contacts, mobility or cognitive notes, allergies, or safety considerations) so that the Care Concierge can perform services appropriately.

Localposh handles all such information in compliance with applicable HIPAA privacy and security standards and shares only the minimum necessary information for coordination, billing, or quality-assurance purposes. You may revoke this authorization in writing at any time, except to the extent information has already been shared in reliance on it.

6. Non-Medical Services Only

• Localposh services include companionship, errands, escorting, transportation coordination, appointment facilitation, light household assistance, technology help, and wellness check-ins.
• These are non-medical and do not include nursing, skilled, or clinical care unless explicitly provided under a licensed program.
• You agree not to rely on Localposh or any Care Concierge for medical treatment or emergency services.

7. Payments, Platform Fees & Cancellation Policy

• Localposh may charge a concierge, facilitation, or service fee included in or added to the rate shown to you. You authorize Localposh and its payment processor to charge your payment method accordingly.
• Certain services may be billed to or reimbursed by a health plan, provider, or government program; you agree to complete required authorizations and forms for billing.
• If a scheduled visit cannot occur because the address is incorrect, entry is denied, or no authorized adult is present, Localposh may charge a Failed-Access Fee equal to two (2) hours of service.
• Cancellation Policy:
  • Cancellations made less than forty-eight (48) hours before a scheduled visit will be automatically charged for two (2) hours of service time at the standard hourly rate.
  • Cancellations made more than 48 hours in advance will not incur a fee.
• Except where otherwise stated, all fees are non-refundable.

8. User Content & Communications

• You may post or send information about care needs, preferences, or profiles ("User Content"). You grant Localposh a non-exclusive, worldwide, royalty-free license to use your User Content to operate and improve the Service.
• You agree not to post or transmit any unlawful, abusive, or defamatory material or violate another's rights.
• By providing your phone number or email, you consent to receive operational messages (visit updates, confirmations, reminders, and safety notifications). Message and data rates may apply.

9. Disclaimers

• The Service is provided "as is" and "as available."
• Localposh makes no warranties of any kind, express or implied, including those of merchantability, fitness for a particular purpose, or non-infringement.
• Localposh does not guarantee (a) any particular Care Concierge, (b) the accuracy of screening information, (c) the timeliness or quality of services, or (d) any specific outcome.
• You are solely responsible for your interactions and decisions with other Users.

10. Release & Indemnity

• To the maximum extent permitted by law, you release Localposh and its officers, directors, employees, and agents from any claims, losses, or damages arising from (i) your use of the Service, (ii) services rendered by a Care Concierge, or (iii) disputes between Users.
• You agree to indemnify and hold harmless Localposh from all claims, costs, and attorneys' fees resulting from your breach of these Terms or any applicable law.

11. Limitation of Liability

To the fullest extent permitted by law, Localposh shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of income, profits, data, or goodwill.

In no event shall Localposh's total liability exceed fifty U.S. dollars ($50), regardless of the legal theory. Some jurisdictions do not allow such limitations, so certain portions may not apply to you.

12. Termination & Updates

Localposh may suspend or terminate your access to the Service at any time, with or without cause.

Localposh may update these Terms periodically; continued use after posting means you accept the updated Terms.

13. Dispute Resolution & Binding Arbitration

a. Mutual Agreement to Arbitrate

You and Localposh agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, your relationship with Localposh, or your use of the Service (including acts or omissions of any Care Concierge), shall be resolved exclusively by final and binding arbitration, rather than in court, except as expressly stated below.

This Arbitration Agreement is intended to be interpreted broadly and is governed by the Federal Arbitration Act (FAA).

b. No Jury or Class Actions

You and Localposh waive the right to a jury trial and to participate in any class, collective, or representative action. All disputes shall proceed on an individual basis, and the arbitrator may award relief only to the individual party seeking relief.

c. Rules and Procedure

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org.
• The arbitration will occur in Dover, Delaware, or virtually, unless both parties agree otherwise.
• Each party will bear its own legal costs, unless the arbitrator orders otherwise under applicable law.
• The arbitrator's award will be confidential, final, and binding, and may be entered as a judgment in any court of competent jurisdiction.

d. Exceptions

Either party may bring an individual claim in small-claims court or seek temporary injunctive relief to preserve the status quo pending arbitration.

e. Governing Law

Except as governed by the FAA, these Terms and all disputes shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

f. Survival and Severability

This Arbitration Agreement shall survive termination of your relationship with Localposh.

If any provision is held unenforceable, the remainder shall remain in full force to the maximum extent permitted by law.

14. Contact