Read Bear Care

Terms Of Service

1. Introduction

Red Bear Care, LLC (“Red Bear Care,” “we,” “us,” or “our”) is a home care and personal assistance services provider based in Houston, Texas (Harris County). We are dedicated to offering compassionate non-medical care and coordinating certain medical services for our clients in the comfort of their own homes. Our range of services includes, but is not limited to:

  • Non-medical personal assistance with daily living activities
  • Registered nurse (RN) visits and doctor visits through a rounding physician service
  • Companionship and social interaction
  • Medication reminders and assistance with medication schedules
  • Transportation to appointments or errands
  • Child care services
  • Memory care and dementia support
  • Running errands and grocery shopping
  • Meal planning and preparation
  • Personal hygiene and grooming assistance
  • Engaging in activities, games, and recreational pastimes
  • Light housekeeping and home organization
  • Support with hobbies and personal passions


Through these services, Red Bear Care aims to help individuals maintain their independence, safety, and quality of life at home. All services are provided by trained caregivers or licensed healthcare professionals, as appropriate, under the supervision of our care team. These Terms of Service (“Terms”) outline the rules and conditions that govern your use of our website (www.redbearcare.com) and our services. Please read these Terms carefully before using our site or booking services with Red Bear Care. Throughout these Terms, the words “you” and “Client” refer to any individual who uses our website or services.


2. User Agreement

By accessing the Red Bear Care website or booking any services with us, you agree to be bound by these Terms of Service. This User Agreement forms a legally binding contract between you and Red Bear Care. If you do not agree with any part of these Terms, you must not use our website or services.


To book services, clients are required to complete and submit a service request or intake form on our website (or through other approved booking methods). By submitting this form and/or scheduling services with Red Bear Care, you confirm that all information you provide is accurate and that you have read, understood, and agree to these Terms as well as any other policies referenced herein. You also agree to follow any additional guidelines or rules posted on the site for specific services or features, which are incorporated into these Terms by reference.


If you are booking services on behalf of another person (such as a family member or someone under your care), you represent that you have the legal authority to do so and that the recipient of the care has consented to our services and to these Terms. You agree that you will ensure any such recipient is aware of and adheres to these Terms.



3. Payment and Refund Policy

Payment Terms: Payment for Red Bear Care services is due upon receipt of services, unless otherwise agreed in writing. This means you are expected to pay at the time services are provided or immediately upon receiving an invoice for those services. We accept multiple forms of payment, including personal checks, ACH (electronic bank transfers), and major credit cards. You agree to provide complete and accurate billing information and to promptly update us if your payment information changes. If a payment method is declined or fails for any reason, you remain responsible for any unpaid amounts. You also agree to cover any reasonable costs incurred by Red Bear Care in the collection of past due amounts, such as bank fees for returned checks.


Refund Policy: We understand that schedules can change. If you need to cancel or reschedule a booked service, you may be eligible for a refund of pre-paid amounts. Cancellations made at least 24 hours before the scheduled start time of a service are eligible for a full refund of any payment made for that service. Refunds will generally be issued to the original payment method, and please allow a reasonable time for processing. Cancellations made less than 24 hours before the service start time are not eligible for a refund – any payments for that service may be forfeited, except in cases of emergency or extenuating circumstances (as determined at our discretion).


All service fees and rates will be clearly communicated to you before you confirm a booking. Any applicable taxes or additional charges will also be disclosed at the time of booking. By confirming a service booking, you agree to pay the quoted fees and charges in full as described. If you have any questions about the fees or need clarification on charges, please contact us before confirming the service.



4. Cancellations

Aside from the refund eligibility described in our Refund Policy, there are no additional conditions or penalties for canceling a scheduled service. You may cancel a service at any time, and the only consequence will be as stated in the refund policy (i.e. you must provide at least 24 hours’ notice to receive a full refund). Red Bear Care does not impose any cancellation fees, long-term contracts, or advance notice requirements beyond the 24-hour policy for obtaining a refund.


If you need to cancel an upcoming appointment, please notify us as soon as possible (via the website, phone, or email) so we can inform our staff and adjust our schedule. Cancellations made within 24 hours of the appointment start time will result in the service fee being non-refundable, but no extra cancellation charge will be applied. We appreciate your consideration and communication regarding any scheduling changes.



5. Liability Disclaimer

Red Bear Care provides its website and services on an “as is” and “as available” basis, without any express or implied warranties of any kind, except where such warranties are imposed by law and cannot be waived. While we strive to deliver high-quality care and maintain our website, we do not guarantee that our services or site will meet all your expectations or requirements, nor that they will be uninterrupted, error-free, or available at all times. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.


Service Interruptions and External Factors: You acknowledge that service quality and availability can be affected by factors outside of Red Bear Care’s control. We are not liable for interruptions or delays in services or access to the website caused by external circumstances such as power outages, internet or communication failures, system outages, acts of God, natural disasters, epidemics/pandemics, or the unavailability of any third-party providers (for example, if a partnered doctor or nurse is unable to attend a scheduled visit). While we will make reasonable efforts to notify you and reschedule if such events occur, Red Bear Care is not responsible for any damages or losses arising from these interruptions or events beyond our control.

No Guarantee of Outcomes: Our caregivers and any affiliated medical professionals will do their best to care for you or your loved one, but Red Bear Care makes no guarantee or promise regarding any specific outcome from our services. Home care by its nature involves variables (such as individual health conditions and home environments) that are beyond our control. Any information provided on our site or by our staff is for general informational purposes and is not a warranty or guarantee of results. You should not rely solely on any general information on our site when making decisions about your health or well-being. Always exercise your own judgment and, when appropriate, seek advice from qualified medical or legal professionals.

Assumption of Risk: By using Red Bear Care’s services, you understand and accept that receiving care at home involves certain inherent risks. These may include, by way of example, the risk of falls, sudden medical emergencies, or accidental injuries, even when care is provided competently and attentively. You agree that, to the extent permitted by law, Red Bear Care and its employees will not be held liable for any injury, harm, or property damage that occurs during the provision of services unless such injury or damage is directly caused by our gross negligence or willful misconduct. We encourage clients and their families to maintain a safe home environment (e.g., adequate lighting, clear walkways) and to inform our caregivers of any special safety concerns to help minimize risks.


Limitation of Liability: To the fullest extent allowed by applicable law, Red Bear Care’s liability is limited. In no event will Red Bear Care or its owners, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to our website or services. This limitation applies to any loss of profits, loss of data, personal injury, pain and suffering, emotional distress, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages. In all cases, Red Bear Care’s total aggregate liability for any claim arising out of or relating to the services or these Terms is limited to the amount you paid (if any) for the service in question. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.


No Liability for Site Information: The Red Bear Care website may include testimonials, descriptions of services, caregiver profiles, care tips, or other content. While we strive to keep such information up-to-date and accurate, we do not warrant the completeness or reliability of any information on the site. Any reliance you place on information obtained from the website is strictly at your own risk. Red Bear Care will not be responsible for any decision made or action taken based on information on the site or from our communications, unless that information is part of a specific service or medical consultation provided to you by a licensed professional. Always consult directly with our staff or other qualified professionals for personalized advice relevant to your situation.



6. Third-Party Providers

Some services offered through Red Bear Care may involve third-party licensed healthcare providers, such as physicians or registered nurses, who partner with us to deliver medical components of your care. For example, we might coordinate a visit from a rounding doctor or an RN to check on a client’s health. Please note that these third-party providers are independent professionals who operate under their own licenses, standards, and terms. They are not employees of Red Bear Care (unless explicitly stated); rather, they may be independent contractors or affiliated through a partner organization.

When a third-party doctor, nurse, or other provider is involved in your care, you will be subject to that provider’s own terms of service, consent forms, and privacy policies in addition to Red Bear Care’s Terms. For instance, a physician or nurse may ask you to sign their own patient agreement or provide you with a Notice of Privacy Practices (as required by HIPAA). We strongly encourage you to review any such documents provided by the third-party provider, as they govern the medical services or advice you receive from them.

Red Bear Care’s role with respect to third-party providers is generally to facilitate and coordinate the service for your convenience. However, Red Bear Care is not responsible for the medical advice, diagnoses, treatments, or other actions of those independent providers. Any medical or clinical decisions are made by the healthcare professional based on their expertise and evaluation of the patient, and not by Red Bear Care. You agree that Red Bear Care shall not be liable for any malpractice, negligence, or misconduct of these third-party professionals. If you have concerns or issues with a third-party provider, you should address them with that provider directly. We will, of course, assist in facilitating communication or resolving scheduling and coordination issues to the extent we can, but we cannot control the independent medical judgments of third-party professionals.


By using our services, you acknowledge that any third-party medical providers are separate from Red Bear Care. Your relationship with those providers may be governed by additional agreements or understandings between you and the provider. Red Bear Care’s Terms and Privacy Policy apply to the aspects of service we provide (such as scheduling, non-medical care, and this website), whereas the third-party provider’s terms will apply to the medical services they deliver.



7. Client Conduct and Right to Refuse Service

Red Bear Care is committed to providing a safe, professional, and respectful environment for both our clients and our caregivers. We expect clients (and their family members, guests, or anyone present during the provision of services) to treat our staff with courtesy and respect at all times. By using our services, you agree to abide by the following conduct guidelines:


  • Respect and Dignity: You will treat all Red Bear Care personnel — including caregivers, nurses, doctors, and administrative staff — with respect, courtesy, and dignity. Any form of harassment, abuse (whether verbal, physical, or emotional), intimidation, or disrespect directed at our staff is unacceptable. This includes using offensive language, making threats, or engaging in discriminatory behavior on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability, or any other protected characteristic.
  • Safe and Appropriate Environment: You agree to provide a safe environment for our caregivers and staff to perform their duties. This means you will take reasonable steps to ensure the home is free from hazards and that our staff is not exposed to dangerous conditions. For example, you should secure any aggressive pets during caregiver visits, refrain from smoking in the caregiver’s presence (or provide a smoke-free area) if requested, and inform our staff of any potential safety concerns (such as infectious illnesses in the household or unsafe neighborhood conditions). You also agree not to request or insist that caregivers perform tasks that are illegal, grossly unsafe, or outside the scope of the services agreed upon (for instance, asking a caregiver to administer medication or medical procedures if they are not qualified to do so, or to lift weight beyond what is safe).
  • Cooperation and Communication: Effective care often requires cooperation. You agree to follow the reasonable instructions and guidance of caregivers related to your care plan. For example, if there is a agreed-upon schedule for medication reminders or exercises, you will make a good faith effort to adhere to it. Likewise, you should communicate openly with us and the caregivers about any changes in your condition, any issues with the service, or any adjustments needed in the care plan. Good communication helps us provide the best care possible and ensures your needs are met safely.


Red Bear Care reserves the right to refuse, suspend, or terminate service to any client who violates the above conduct guidelines or otherwise engages in behavior that we, in our sole discretion, deem inappropriate, dangerous, or disruptive. This means that if a caregiver feels unsafe or is subjected to harassment or extreme discomfort in a client’s home, we may end the session early and/or discontinue future services for that client. We will generally issue a warning or discuss the concern with you (if feasible) before refusing service, but in serious cases we reserve the right to take immediate action to protect our staff.

If we decide to terminate services due to client misconduct or a violation of these Terms, we will notify you of this decision. Any pre-paid services that were not yet rendered due to a refusal or termination of service may be refunded in accordance with our Payment and Refund Policy, or as required by law, but we also reserve the right to withhold refunds for services already rendered or costs incurred. Termination of services for conduct reasons does not waive any right we have to pursue other remedies under the law if appropriate (for example, if a staff member was injured due to a client’s deliberate actions, we may take legal action). Conversely, we may also refer you to alternative care providers if appropriate, but we are under no obligation to do so. Our primary goal is to ensure the well-being and safety of both our clients and our employees.



8. HIPAA Compliance and Data Privacy

Red Bear Care takes your privacy seriously and is committed to protecting your personal data and health information. We comply with the Health Insurance Portability and Accountability Act (HIPAA) and all other applicable federal and Texas state laws regarding the privacy and security of health information. Any medical or personal information you provide to us is considered confidential. We use and disclose such information only as permitted by law or with your authorization, and we employ administrative, physical, and technical safeguards to protect your data from unauthorized access or misuse.


We maintain a comprehensive Privacy Policy (available at www.redbearcare.com/privacy-policy) that explains in detail how we collect, use, share, and protect your information. This includes information you provide through our website, over the phone, or during the provision of services. By using our website or services, you acknowledge that you have read (or had the opportunity to read) our Privacy Policy and that you agree to its terms. If you do not agree with our Privacy Policy, please do not submit personal information or use our services. In the event of any inconsistency between these Terms and our Privacy Policy regarding the handling of personal data, the Privacy Policy will govern.


Use and Disclosure of Health Information: In the course of providing services, we may collect health information (such as medical history, medications, or doctor’s instructions) to ensure you receive proper care. Under HIPAA, Red Bear Care may use or disclose protected health information for purposes of “treatment, payment, and health care operations” without additional authorization. For example, we might share relevant information with a partnered nurse or doctor to coordinate your care (treatment), submit necessary information to your insurance or billing service (payment), or use information internally to improve our services (operations). If we need to use or disclose your health information for any other purpose not covered by these standard reasons, we will obtain your written authorization beforehand, except as otherwise permitted or required by law. You have the right to revoke any authorization you give, as described in our Privacy Policy.


Confidentiality: All Red Bear Care employees and contractors who handle client information are trained in privacy requirements and are bound by confidentiality obligations. We will not sell your personal or health information to third parties. We will also not disclose your information to third parties for marketing purposes without your explicit consent. If we collaborate with third-party service providers (for example, a software platform for record-keeping or a pharmacy for filling prescriptions), we will have agreements in place to ensure they also protect your information in compliance with privacy laws.


Opt-Out of Communications: By providing your contact information to Red Bear Care, you consent to receive necessary communications from us regarding your services and care (for example, appointment reminders, schedule changes, or follow-up inquiries). We may also send you informational or promotional communications, such as newsletters, service updates, or special offers, that we believe could be of interest to you. You have the right to opt outof receiving marketing or promotional communications at any time. To opt out, you can use the “unsubscribe” link provided in promotional emails or reply STOP to any promotional text message, or you may contact us directly (via email or phone) and request to be removed from marketing lists. Please note that even if you opt out of marketing messages, we will still send you essential communications about your services or transactions (for instance, billing statements or appointment confirmations) as these are not promotional but necessary for using our services.


For more information on how we handle your personal data, and to learn about rights you may have (such as the right to access or correct your information, or the right to request an accounting of disclosures of your health information), please review our Privacy Policy or contact us using the information provided on our website. Red Bear Care is committed to maintaining the privacy and security of your information in all aspects of our business.



9. Healthcare Disclaimer

The Red Bear Care website and its content are provided for informational purposes only and are not intended as medical advice. While we may post articles, tips, or resources related to health and caregiving, nothing on our site is a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider. Red Bear Care’s services focus on non-medical support (and facilitating medical services through licensed providers when needed), but the company itself does not practice medicine or nursing via the website content. You should always consult a doctor or other qualified health provider with any questions about a medical condition or health goals. Never disregard medical advice or delay seeking medical care because of something you read on our site or information given by a Red Bear Care representative in a general context.


No Doctor-Patient Relationship Through Website: Interacting with Red Bear Care through our website or via email/phone (outside of an actual medical visit by a provider) does not create a doctor-patient or nurse-patient relationship between you and Red Bear Care. For example, if you use our contact form to ask a general question about services or describe a care need, any response you receive should be considered informational and not a personalized medical consultation. A formal healthcare provider-patient relationship is only established when you engage directly with a licensed physician or nurse through our arranged services, and even then such relationship is between you and that professional, not with Red Bear Care as an entity. Any medical guidance given by the doctor or nurse during a visit is the responsibility of that provider. Always follow the specific advice of your personal physician or emergency personnel over any guidance you might receive from our general resources.


Emergency and Urgent Situations: Red Bear Care is not an emergency service. Our website and scheduling services must not be used in the event of an emergency or for urgent medical matters. If you or the person under your care is experiencing a medical emergency (such as difficulty breathing, chest pain, severe bleeding, signs of stroke, or any other life-threatening condition), call 911 immediately or go to the nearest emergency room. Do not rely on our website, contact form, or office phone line for immediate emergency assistance, as we may not monitor communications 24/7. Red Bear Care is not liable for any outcomes if you attempt to seek emergency help through our services instead of obtaining immediate emergency medical attention. For urgent but non-life-threatening health concerns, you should contact your doctor or an urgent care facility directly.


Third-Party Websites and Links: Our website may contain links or references to external websites, educational materials, or third-party resources that we think might be useful or relevant to visitors (for example, links to articles about senior health, government resources, or partner organizations). These links are provided for convenience and informational purposes only. Red Bear Care does not endorse and is not responsible for the content, products, services, or claims of any third-party websites. Different terms of use and privacy policies may apply when you visit external websites. If you follow a link to an outside site, you do so at your own risk. We encourage you to read the terms and privacy policy of any third-party site you visit. Red Bear Care disclaims any liability for information or services provided on external sites, and the presence of a link on our site does not imply any affiliation or approval of the linked content.

By using our site and services, you acknowledge these healthcare-related disclaimers. You agree that Red Bear Care is not responsible for how you use information obtained from our website or staff outside of direct care services. When in doubt about any health issue, always seek direct advice from a licensed healthcare professional.



10. Usage and Termination

Eligibility (18+): The Red Bear Care website and services are intended for adults. You must be at least 18 years old to use our site or to request services from Red Bear Care. By accessing our site or booking services, you represent and warrant that you are 18 or older and legally capable of entering into binding agreements. If you are under 18, you may use our site only with involvement of a parent or legal guardian. The guardian must agree to these Terms on your behalf, and supervise the use of our services. Red Bear Care does not knowingly solicit or collect personal information from individuals under 18 without consent from a parent or guardian. If we learn that we have inadvertently collected personal data from a minor without proper consent, we will take steps to delete that information.


Permitted Use of Site and Services: You agree to use the Red Bear Care website and services only for lawful purposes and in accordance with these Terms. You are responsible for the information you provide to us and for your interactions with our site. Specifically, you agree not to: (a) use the site in any way that violates any applicable federal, state, or local law or regulation; (b) engage in any unauthorized or harmful behavior on the site (such as introducing viruses, attempting to gain unauthorized access to our systems, or conducting data mining or scraping without permission); or (c) use the site to transmit any false, misleading, or infringing content. You also agree that any personal information or details you provide to Red Bear Care (whether during booking or in communication with us) will be truthful, accurate, and up-to-date. Providing false information or impersonating another person is a violation of these Terms.


Account Security: If our website requires you to create an account or password to access certain features (for example, a client portal or scheduling system), you are responsible for maintaining the confidentiality of your account login credentials. Do not share your username or password with unauthorized individuals. You agree to notify Red Bear Care immediately if you suspect any unauthorized access to or use of your account or if you become aware of any breach of security. We are not liable for any loss or damage arising from your failure to secure your account information. We reserve the right to disable any user account at any time if, in our opinion, you have violated any provision of these Terms or if it is necessary to protect our interests or other users.


Termination by You: You are free to stop using our website or services at any time. If you wish to terminate ongoing scheduled services, please notify us according to the cancellation procedures described in Section 4 (for instance, giving at least 24 hours’ notice for cancellations). Stopping the use of services does not automatically delete any personal data we have collected during the course of providing service, but you may have rights under our Privacy Policy to request deletion or return of certain information. If you have an online account with Red Bear Care, you may also request that we deactivate it. Keep in mind that we may retain certain records as required by law or for legitimate business purposes (such as payment records or care documentation).


Termination or Refusal of Service by Us: Red Bear Care reserves the right to suspend or terminate your access to the website or to refuse service to you at our sole discretion for any reason, to the extent allowed by law. This means we can deactivate your online access, cancel scheduled services, or decline to accept a booking from you if we deem it necessary. Situations where we might do so include (but are not limited to):

  • Violation of Terms: If you breach any provision of these Terms or other policies (for example, misuse of the site, non-payment, or violating the Client Conduct rules in Section 7), we may terminate your account or services immediately.
  • Unsafe or Inappropriate Behavior: As noted, if your behavior or the situation in your home makes it unsafe or inappropriate for our staff to continue providing services, we may suspend or end services.
  • Legal Compliance or Risk: If required by law (for instance, a court order) or if providing services would expose us to legal liability or reputational harm (for example, if we learn of illegal activities at the service location), we may terminate services.


When feasible, we will provide you with notice of termination or refusal of service, explaining the reason for our decision. In some cases, we might first suspend services and give you an opportunity to address the issue (for example, non-payment or correcting a violation) before final termination, but we are not obligated to do so. If Red Bear Care terminates services and you have paid in advance for any services not yet rendered, we will refund any amounts for unused services in accordance with the Payment and Refund Policy (except where the termination is due to misconduct or a violation by you, in which case refunds may be adjusted or withheld to cover any damages or costs incurred by us).


Termination of services or blocking of site access does not waive any rights or remedies that either you or Red Bear Care may have accrued up to the date of termination. Even after your relationship with Red Bear Care ends, certain provisions of these Terms will remain in effect. All provisions that by their nature should survive termination (including, but not limited to, provisions on payments owed, refunds, liability limitations, disclaimers, arbitration and dispute resolution, and governing law) shall survive and continue to be enforceable after termination.



11. Governing Law & Dispute Resolution

Governing Law: These Terms of Service and any dispute or claim arising out of or related to these Terms, your use of the website, or the services provided by Red Bear Care, shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. This choice of law means that Texas law will be used to interpret this Agreement and to adjudicate any disputes that are not resolved through arbitration (as set forth below). Red Bear Care is headquartered in Texas and primarily provides services within Texas, and these Terms are intended to be fully enforceable under Texas law. We make no representation that our website content or services are appropriate or available for use in other jurisdictions. If you access or use the site from outside Texas, you do so on your own initiative and are responsible for compliance with any local laws that may apply.

Arbitration Agreement: You and Red Bear Care agree that any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Red Bear Care services or website (collectively, “Disputes”), shall be resolved by binding arbitration on an individual basis, except as provided under “Exceptions to Arbitration” below. This means that you and Red Bear Care are each waiving the right to a trial in court and to have a judge or jury decide the Dispute. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and reflects a transaction involving interstate commerce.


Arbitration Procedure: Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules in effect at the time a claim is made. You can find the AAA’s Consumer Arbitration Rules on the AAA website (www.adr.org) or by contacting AAA. Unless you and Red Bear Care agree otherwise, the arbitration shall be conducted by a single neutral arbitrator. The location of the arbitration will be Harris County, Texas, or another mutually agreeable location. If an in-person hearing would impose undue burden in relation to the amount in dispute, the parties may agree to conduct the arbitration by telephone, video conference, or based solely on written submissions. The arbitrator shall apply the laws of the State of Texas (without regard to its conflict of laws principles) to the merits of the Dispute, and all claims shall be subject to any applicable statutes of limitations or defenses. The arbitrator is authorized to award any individual relief or remedies that a court of law could provide to an individual claimant under law, including monetary damages, injunctive relief, and declaratory relief. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys’ fees and costs in the arbitration unless applicable law or the AAA rules provide otherwise or the arbitrator awards otherwise.


Exceptions to Arbitration: Notwithstanding the foregoing arbitration agreement, either party may choose to bring an individual action in small claims court for Disputes or claims within the scope of that court’s jurisdiction, instead of submitting the claim to arbitration. Additionally, either party has the right to seek temporary injunctive relief or other provisional remedies from a court of competent jurisdiction in aid of arbitration or to protect rights or property (for example, to enforce a confidentiality obligation, intellectual property right, or to maintain the status quo pending the outcome of arbitration). Such a request to a court for interim measures shall not be deemed incompatible with the agreement to arbitrate or as a waiver of that agreement.


Class Action Waiver: You and Red Bear Care agree that all Disputes will be resolved only on an individual basis, and that **each may bring claims against the other solely in an individual capacity. You hereby waive the right to commence or participate in any class action, collective action, or other representative proceeding against Red Bear Care. The arbitrator shall not have authority to combine or aggregate the claims of multiple individuals or to hear any class, collective, or representative action. No class or representative arbitration is permitted. By agreeing to these Terms, you are giving up any ability to bring or be part of a class or representative action in court or in arbitration.


Binding Nature of Arbitration: The arbitration agreement and class action waiver in these Terms are intended to be interpreted broadly. They encompass all Disputes between you and Red Bear Care arising out of or relating to your relationship with Red Bear Care, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This arbitration provision shall survive any termination of your relationship with Red Bear Care. If any portion of this arbitration agreement is found unenforceable (other than the class action waiver which is addressed next), the remaining portions shall remain in full force and effect. If the class action waiver is found to be unenforceable or unlawful, then the entirety of the arbitration agreement shall be null and void. In such case, you and Red Bear Care agree that any class or collective claims would be resolved in court, subject to the remaining provisions of this Section and the Governing Law above. By using our services and agreeing to these Terms, you acknowledge that you understand the consequences of agreeing to arbitration and the class action waiver, and that you are doing so voluntarily.


Venue for Litigation (If Applicable): Except as otherwise agreed in the arbitration agreement, in the event that a Dispute for some reason proceeds in court rather than in arbitration, or if judicial intervention is required (for example, to enforce an arbitration award or if the arbitration agreement is deemed unenforceable), such action shall be brought exclusively in the state or federal courts located in Harris County, Texas. You and Red Bear Care hereby consent to the personal jurisdiction and venue of those courts and waive any objection on grounds of inconvenient forum or otherwise. This clause does not negate the obligation to arbitrate; it only specifies where any permissible court proceedings must be held.



12. Modifications to Terms

Red Bear Care reserves the right to modify or update these Terms of Service at any time. If we make material changes, we will post the revised Terms on our website with a new “Last Updated” date, and we may notify you through other reasonable means (such as by email or a notice on our homepage) that the Terms have changed. It is your responsibility to review these Terms periodically, especially before booking new services, to stay informed of any updates.


Your continued use of the Red Bear Care website or services after updated Terms are posted (and after any notice, if one is provided) constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the site and refrain from booking further services. In such a case, you may also notify us that you wish to terminate any ongoing service arrangements under the previous Terms (subject to any applicable cancellation notice and without incurring early termination fees, since we have no long-term contracts). We will work with you to ensure a smooth transition or termination if you choose not to accept updated Terms.


No amendment or modification to these Terms by you (the client) is valid unless it is in writing and signed by an authorized representative of Red Bear Care. These Terms, together with any policies or documents incorporated by reference (such as our Privacy Policy), constitute the entire agreement between you and Red Bear Care regarding your use of the website and services. They supersede any prior or contemporaneous understandings, agreements, or representations, whether written or oral, related to the same subject matter. If any provision of these Terms is found to be invalid or unenforceable under law, that provision shall be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

By using the Red Bear Care website or services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you have any questions or concerns about these Terms, please contact us through the information provided on our website before proceeding to use our services. We value transparency and are happy to clarify our policies.