Late Light
Legal

Terms of Service

Effective date: [DATE OF PUBLICATION] · Last updated: [DATE]
Notice: These terms are currently in draft. The text below describes our intended practices. A finalized version reviewed by counsel will replace this draft before paid traffic begins.

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of the Late Light website at latelight.co (the "Site") and the services provided through the Site (collectively, the "Service"). The Service is operated by Late Light, Inc. ("Late Light," "we," "us," or "our").

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. What Late Light is (and isn't)

Late Light is a referral and information service. We help families connect with home care agencies and provide editorial content about caregiving.

What we do

  • Match families with vetted home care agency partners in their area
  • Provide free phone consultations with our advisors
  • Publish articles, a weekly newsletter, and other editorial content

What we do NOT do

  • We do not provide medical care. We do not employ doctors, nurses, therapists, social workers, or any licensed healthcare professionals.
  • We do not provide medical advice. Information published on the Site or shared by our advisors is for educational purposes only.
  • We do not provide caregivers directly. All caregivers are employed by agency partners. Late Light is not the employer of, and is not responsible for the conduct of, any caregiver provided through a partner agency.
  • We do not guarantee outcomes. We make best efforts to match you with quality agencies. We cannot guarantee any specific result, level of service, or outcome of care.

3. No medical advice — important disclaimer

[REVIEW]: This disclaimer is critical. Have counsel verify language is sufficient for healthcare-adjacency.

The Service does not provide medical advice. Content on the Site, communications from our advisors, and any information we share is for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of a qualified healthcare provider with any questions about a medical condition, medication, or course of treatment. Never disregard professional medical advice, or delay seeking it, because of something you read or heard on the Service.

If you believe you or someone in your care is having a medical emergency, call 911 immediately.

4. Agency referral disclaimer

When you submit an intake form or speak with an advisor and ask to be matched with home care agencies, you understand and agree that:

  • We refer you to agencies that have been vetted by us, but we do not guarantee the quality, performance, conduct, or licensure status of any agency at any specific moment in time.
  • The agency, not Late Light, is responsible for delivering care, employing caregivers, scheduling shifts, billing, and resolving disputes.
  • Late Light receives a referral fee from agency partners when you sign with one of them. You pay nothing to Late Light.
  • You are responsible for evaluating the agency, signing any contracts, and managing the relationship.
  • Late Light is not a party to your contract with the agency and has no obligation, financial or otherwise, under that contract.

5. Eligibility and use of the service

To use the Service, you must be at least 18 years old, have the legal authority to make care decisions for the family member you are inquiring about, reside in the United States, and provide accurate information when communicating with our advisors.

You may not use the Service for any illegal purpose or in any way that could harm Late Light, its users, or any third party.

6. Account and communications

You do not need an account to use most of the Service. If you submit an intake form, subscribe to the newsletter, or speak with an advisor, you are providing information that we will use to deliver the Service to you, as described in our Privacy Policy.

We may communicate with you by email, phone, and SMS at the contact information you provide. You consent to receiving these communications. You can opt out of marketing communications at any time. Transactional communications will continue as long as you are using the Service.

7. Editorial content

The Site publishes essays, newsletters, and other editorial content. This content reflects the opinions of the authors and is provided for general information only. We make reasonable efforts to keep content accurate, but we make no warranty as to the accuracy, completeness, or timeliness of any content.

You may share, link to, and quote our content for non-commercial use with attribution. You may not republish, repackage, or redistribute our content for commercial use without permission.

8. Intellectual property

The Site, the Service, and all content (including text, design, logos, and software) are owned by Late Light or its licensors and are protected by U.S. and international copyright, trademark, and other laws.

9. Disclaimers and limitations of liability

[REVIEW]: Limitation of liability cap, arbitration clause, and class action waiver are all increasingly contested in healthcare-adjacent consumer contexts. Confirm with counsel.

9.1 Service is provided "as is"

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Late Light disclaims all warranties.

9.2 No liability for agency conduct

Late Light is not responsible for the actions, inactions, or conduct of any home care agency, caregiver, or other third party referred through the Service. If you experience problems with an agency, contact the agency first. We will assist where we can but have no legal obligation to resolve agency disputes.

9.3 Limitation of liability

To the fullest extent permitted by law, Late Light's total cumulative liability to you for any claim arising from your use of the Service is limited to one hundred dollars ($100).

In no event will Late Light be liable to you for any indirect, incidental, special, consequential, or punitive damages.

9.4 Indemnification

You agree to indemnify and hold harmless Late Light from any claims arising from (a) your violation of these Terms, (b) your misuse of the Service, or (c) your interactions with any agency or caregiver introduced through the Service.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. You may stop using the Service at any time. Sections 3, 4, 8, 9, 11, and 12 survive termination.

11. Disputes and governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association.

You waive your right to a jury trial and to participate in a class action.

Notwithstanding the above, either party may bring a small-claims-court action in the county of the defendant's residence for any claim within the small-claims jurisdiction.

12. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. Material changes will be communicated by email to active users and prominent notice on the Site for at least 30 days.

13. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Late Light regarding the Service.
  • Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
  • No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

14. Contact

Late Light, Inc.
[BUSINESS ADDRESS]
Email: legal@latelight.co
Phone: [BUSINESS PHONE]