Effective Date: June 10, 2025
Please read these Terms of Service (“Terms”) carefully before using the website and services provided by Open Wings Home Care Agency, LLC (“Open Wings,” “we,” “us,” or “our”). By accessing or using our services, you agree to be legally bound by these Terms.
 

1. Eligibility

To use our services, you must be at least 18 years of age and legally capable of entering into a binding agreement. By using our website or engaging our services, you represent and warrant that you meet these eligibility requirements.

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2. Nature of Services

Open Wings Home Care Agency is a licensed nurse registry that arranges caregiver referrals, including registered nurses (RNs), licensed practical nurses (LPNs), certified nursing assistants (CNAs), and home health aides (HHAs), for individuals in need of home care services. We do not employ caregivers directly; they operate as independent contractors. We match caregivers to clients based on stated preferences, needs, and availability.
 

Note: We do not guarantee caregiver availability or specific outcomes of care services. All decisions regarding clinical treatment are the responsibility of the client and the caregiver.

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3. Fees and Payment

Fees are assessed based on the type, duration, and complexity of the requested services.

• Payment Terms: Payment is due in advance unless otherwise agreed in writing.

• Accepted Payment Methods: Credit card, debit card, ACH transfer, or check.

• Late Payments: Late or non-payment may result in service suspension and may incur additional administrative or collection fees.

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4. Cancellations and Refunds

• Cancellation Policy: Cancellations must be made at least 24 hours before a scheduled visit to avoid charges.

• Late Cancellations: Cancellations made within 24 hours will be charged in full for the scheduled service.

• Refunds: No refunds are issued for services rendered. Refund requests for prepaid unused services will be evaluated on a case-by-case basis, less any administrative or cancellation fees.

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5. Disclaimers

• No Medical Advice: Information on our website or provided by administrative staff is not medical advice.

• No Warranty: We provide our services “as is” and make no express or implied warranties, including but not limited to warranties of fitness for a particular purpose or non-infringement.

• Caregiver Independence: Open Wings is not responsible for the acts or omissions of independent caregivers, including negligence or misconduct.

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6. Limitation of Liability

To the fullest extent permitted by law, Open Wings shall not be liable for:

• Indirect, incidental, special, or consequential damages;

• Any injury, harm, or loss resulting from the actions or inactions of a caregiver;

• Loss of data, revenue, or profits;

• Service interruptions, website downtime, or system errors.

Total liability is limited to the amount you paid to Open Wings in the 30 days preceding the event giving rise to the claim.
 

7. Indemnification

You agree to defend, indemnify, and hold harmless Open Wings, its owners, affiliates, officers, employees, contractors, and agents from any claims, losses, liabilities, costs, and expenses (including attorney’s fees) arising from:

• Your use or misuse of our services;

• Your breach of these Terms;

• Any dispute between you and a referred caregiver.

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8. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Any disputes shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to personal jurisdiction and venue in those courts.

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9. Modifications

We reserve the right to update these Terms at any time. Changes are effective upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance.

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10. Contact Us

If you have questions about these Terms, contact us at:
📧 info@openwingscare.com
📍 16499 NE 19th Ave. Suite 213, North Miami Beach, FL 33162