3. CareGiving App Does Not Provide Medical Advice; Disclaimer
The contents of the App, Site, and Services, such as text, graphics, images, information, and other material contained within the App, the Site and/or Services, are solely for informational purposes and for assisting in the coordination and communication between and among persons in a given CareGiving Network, as defined herein. The contents of the App, Site, and Services are not intended to be a substitute for professional medical advice, diagnosis, and/or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App, Site, and/or Services.
If you think you or another may have a medical emergency, call your, his or her doctor or 911 immediately. Reliance on any information provided by the App, Site, and/or Services, by CareGiving App employees, or by others appearing on the App, Site and/or Services at the invitation of CareGiving App and/or any information appearing on the App, Site, and/or Services submitted by anyone, including but not limited to, yourself and all others in your CareGiving Network, as defined herein, is solely at your own risk.
As used herein, a 'Care Recipient' means a person who is registered for an account with CareGiving App as a 'Care Recipient.'
As used herein, an 'Administrator' means a person authorized by a Care Recipient to have full access to and control over the Care Recipient's account and the information contained therein or is the legal guardian of a Care Recipient.
As used herein, a 'Caregiver' means a person who is registered for an account with CareGiving App as a 'Caregiver.'
As used herein, the 'Supervisor' means a person who, as part of his or her employment or other business arrangement with the Care Recipient's insurance company, hospital, physician or other such provider of medical care or healthcare affiliate, has access to and control over a Care Recipient's account and the information contained therein.
As used herein, a 'CareGiving Network' means a Care Recipient, his or her Caregiver(s), and his or her Administrator and/or Supervisor, if any.
By registering for any Service and/or maintaining an account with CareGiving App, you agree that you are at least eighteen (18) years old. You agree to provide true, accurate, current, and complete information as prompted by any registration form for the Site, App, and/or Services (your 'Registration Information'), and you agree to maintain and promptly update your Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your account and refuse to offer you any and all current or future use of the App, Site, and/or Services.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized access to or use of your account, notify us immediately at firstname.lastname@example.org (or at such other updated notification address as we may identity from time to time on the Site) with 'Unauthorized Access' appearing in the subject line.
6. Payment Options and Authorization; Payment Terms; Cancellations; Taxes
a. Care Recipients. Use of the App, Site, and Services is free for any person registering as a Care Recipient. However, we reserve the right to begin charging Care Recipients for use of the App, Site, and/or Services at any time.
b. Administrators and Caregivers. Use of the App, Site, and Services by Administrators and Caregivers may require a one-time payment upon creation of an account and/or upon downloading the App (a 'Purchase'). Such Purchases will require a valid, accepted credit card or other payment method that we, or our designated third party payment provider, as applicable, in our or their sole discretion, elect to accept as payment.
c. Payment Terms. For Purchases through the App, Site, and/or Services, you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your account or your account with our designated third party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the App, Site, and/or Service while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
d. Payments Made Through Partners. The payment methods that we elect to accept for purchase may include one or more payment methods offered by a business partner of CareGiving App ('Partner'), in which case your payment may be made directly to the Partner and not to us. In such cases, the Partner will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable Partner.
e. Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.
f. Taxes. Your Purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, 'Sales Taxes'). In the event that Sales Taxes apply, we, our designated third party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit such Sales Taxes to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase.
8. Grant of Rights
a. You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
b. You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the App and/or Site;
c. You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
d. You shall make such permissions available to CareGiving App and its Partners upon request;
e. Your User Content does not infringe the intellectual property rights, privacy, or any other legal rights of any third party; and
9. Usage Guidelines and Restrictions
The Services are for personal use. You agree not to use the App, Site, and/or Services to:
a. Upload, post, send email to, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
c. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, including, without limitation, impersonating or attempting to impersonate CareGiving App, a CareGiving App employee, or another user;
d. Upload, post, send email to, or otherwise transmit User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Upload, post, send email to, or otherwise transmit User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
f. Upload, post, send email to, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, junk mail, spam, chain letters, pyramid schemes, or any other forms of solicitation;
g. Upload, post, send email to, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
h. Interfere with or disrupt the App, Site, Services, or servers or networks connected to the Site and/or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site and/or App;
i. Intentionally or unintentionally violate any applicable local, state, national, or international law, stalk or otherwise harass another, or collect or store personal data about other users;
j. Use any automated means to access, monitor or copy the App, Site, and/or Services or collect, monitor or copy any information from the App, Site, and/or Services (including, without limitation, robots, spiders, or scripts); or
k. Frame the App, Site, and/or Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information.
Additionally, you agree not to:
a. Use the App, Site, and/or Services in any manner that could disable, overburden, damage, or impair the App, Site, and/or Services or interfere with any other party's use of the App, Site, and/or Services, including his or her ability to engage in real time activities through the App, Site, and/or Services;
b. Use any manual process to monitor or copy any of the material on the App, Site, and/or Services or for any other unauthorized purpose without our prior written consent;
c. Use any device, software, or routine that interferes with the proper working of the App, Site, and/or Services;
d. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
e. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, Site, and/or Services, the server on which the Site is stored, or any server, computer or database connected to the Site;
f. Attack the App, Site, and/or Services via a denial-of-service attack or a distributed denial-of-service attack; or
g. Otherwise attempt to interfere with the proper working of the App, Site, and/or Services.
10. Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The App, Site, and/or Services may provide certain social media features, including, without limitation, features enabling you to send emails or other communications with certain content, or links to certain content, on the App, Site, and/or Services. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
a. Establish a link from any website that is not owned by you;
b. Cause the App, Site, and/or Services or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website;
c. Link to any part of the Site other than the homepage; or
We may disable all or any social media features and any links at any time without notice in our sole discretion.
11. Mobile Usage
The App, Site, and/or Services may include mobile features that allow you to access information in your account from your mobile device. CareGiving App does not charge for use of these features, but your mobile service provider may do so. Message and data rates may apply. Service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise.
14. Links and Other Third Party Materials
Certain information, components or features of the App, Site, and/or Services may include materials from third parties and/or hyperlinks to other web sites, resources or information. Because CareGiving App may have no control over such third party sites and/or materials, you acknowledge and agree that CareGiving App is not responsible for the availability of such sites or resources, does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any information, advertising, products and/or materials on or available from such sites or resources. You further acknowledge and agree that CareGiving App shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such information, advertising, products or materials on or available from such sites or resources.
15. Disclaimers of Warranties; Limitations on Liability
THE APP, SITE, AND SERVICES, INCLUDING ALL CONTENT, INCLUDING BUT NOT LIMITED TO USER CONTENT, CONTAINED THEREIN ('CONTENT'), ARE PROVIDED 'AS IS'; CAREGIVING APP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APP, SITE, SERVICES, AND/OR CONTENT. CAREGIVING APP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN PROVIDING THE APP, SITE, SERVICES, AND/OR CONTENT, ANY LOSSES OR DAMAGES ARISING FROM THE USE OR MISUSE OF CONTENT, OR ANY CONDUCT BY USERS OF THE APP, SITE, AND/OR SERVICES. YOUR USE OF THE APP, SITE, AND/OR SERVICES IS SOLELY AT YOUR OWN RISK. CAREGIVING APP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE APP, SITE, SERVICES, AND CONTENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTIES. IN ADDITION, CAREGIVING APP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE APP, SITE AND/OR SERVICES IS COMPLETE OR CURRENT. CAREGIVING APP DOES NOT GUARANTEE THAT THE SERVICES AND FUNCTIONALITIES OF THE APP, SITE, AND/OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT EACH OF THE APP, SITE, AND SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF CAREGIVING APP IS AWARE OF THEM.
16. Limitations on Liability
18. Intellectual Property Rights
The App, Site, and/or Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CareGiving App, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
b. You may store files that are automatically cached by your Web browser for display enhancement purposes;
c. You may print or download one copy of a reasonable number of pages of the App or Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
d. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
a. Modify copies of any materials from this site;
b. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; or
c. Access or use for any commercial purposes any part of the App, Site, and/or Services or any services or materials available through the App, Site, and/or Services.
19. Copyright and Trademark
Unless otherwise noted, all materials published on the App, Site, and/or Services are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by CareGiving App and/or its subsidiaries and affiliates or by other parties that have licensed their material to CareGiving App and may not be used without the prior written permission of Caregiving App or the respective owner.
CareGiving App marks displayed on the App, Site, and/or Services represent some of the proprietary rights currently owned or controlled by CareGiving App in the United States and/or in other countries and are not intended to be a comprehensive compilation of all CareGiving App worldwide proprietary ownership rights.
a. Reporting Claims of Copyright Infringement
CareGiving App takes claims of copyright infringement seriously. CareGiving App will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App, Site, and/or Services infringe your copyright, you may request removal of those materials or access thereto from the App, Site, and/or Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ('DMCA'), the written notice (the 'DMCA Notice') must include substantially the following:
1. Your physical or electronic signature;
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App or Site, a representative list of such works;
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
4. Adequate information by which we can contact you, including your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the written notice is accurate; and
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
CareGiving App, LLC
102 Harbor View Lane
Largo, Florida 33770
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the App, Site, and/or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.
b. Counter-Notification Procedures
If you believe that material you posted on the App, Site, and/or Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a 'Counter-Notice') by submitting written notification to our Copyright Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
1. Your physical or electronic signature;
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. Adequate information by which we can contact you, including your name, address, telephone number, and email address;
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which this Site may be found) and that you will accept service from the person (or an agent of that person) who provided this Site with the complaint at issue.
Completed Counter-Notices should be sent to our designated Copyright Agent at:
CareGiving App, LLC
102 Harbor View Lane
Largo, Florida 33770
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the App, Site, and/or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.
c. Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
20. Dispute Resolution
Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of litigation.
In the event that you have a dispute with one or more users of the App, Site, and/or Services, you release CareGiving App and our officers, directors, shareholders, agents, subsidiaries, affiliates, partners, and employees from claims, demands, and damages (including without limitation any direct, indirect, special, incidental, consequential, punitive or other damages, including without limitation loss of use, lost data, business interruptions, loss of profits, personal injury/wrongful death) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.'
22. Export Restrictions
You may not export or re-export the App without (a) the prior written consent of CareGiving App; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
23. Parties in Interest