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Terms of Use

Last Modified: 2020-11-17 

Acceptance of the Terms of Use 

These terms of use are entered into by and between You and Caregiven, Inc. (”Caregiven”,  “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern your access  to and use of Caregiven.co, including any content, functionality, and services offered on or  through Caregiven.co (the “Website”), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Website. By using the  Website or by clicking to accept or agree to the Terms of Use when this option is made  available to you, you accept and agree to be bound and abide by these Terms of Use and  our Privacy Policy, found at Caregiven.co/privacy, incorporated herein by reference. If  you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or  use the Website. 

This Website is offered and available to users who are 18 years of age or older and reside in the  United States or any of its territories or possessions. By using this Website, you represent and  warrant that you are of legal age to form a binding contract with Caregiven and meet all of the  foregoing eligibility requirements. If you do not meet all of these requirements, you must not  access or use the Website. 

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All  changes are effective immediately when we post them. 

Your continued use of the Website following the posting of revised Terms of Use means that  you accept and agree to the changes. You are expected to check this page each time you  access this Website so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we provide  on the Website, in our sole discretion without notice. We will not be liable if for any reason all or  any part of the Website is unavailable at any time or for any period. From time to time, we may  restrict access to some parts of the Website, or the entire Website, to users, including registered  users. 

You are responsible for: 

  • Making all arrangements necessary for you to have access to the Website. 
  • Ensuring that all persons who access the Website through your internet connection are  aware of these Terms of Use and comply with them. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all  information you provide to register with this Website or otherwise, including but not limited to  through the use of any interactive features on the Website, is governed by our Privacy Policy Caregiven.co/privacy, and you consent to all actions we take with respect to your information  consistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password, or any other piece of information as  part of our security procedures, you must treat such information as confidential, and you must  not disclose it to any other person or entity. You also acknowledge that your account is personal  to you and agree not to provide any other person with access to this Website or portions of it  using your user name, password, or other security information. You agree to notify us  immediately of any unauthorized access to or use of your user name or password or any other  breach of security. You also agree to ensure that you exit from your account at the end of each  session. You should use particular caution when accessing your account from a public or  shared computer so that others are not able to view or record your password or other personal  information. 

We have the right to disable any user name, password, or other identifier, whether chosen by  you or provided by us, at any time if, in our opinion, you have violated any provision of these  Terms of Use. 

Intellectual Property Rights 

The Website and its 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 Caregiven, 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. 

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly  perform, republish, download, store, or transmit any of the material on our Website, except as  follows: 

  • Your computer may temporarily store copies of such materials in RAM incidental to your  accessing and viewing those materials. 
  • You may store files that are automatically cached by your Web browser for display  enhancement purposes. 
  • You may print one copy of a reasonable number of pages of the Website for your own  personal, non-commercial use and not for further reproduction, publication, or distribution. 
  • 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. 
  • If we provide social media features with certain content, you may take such actions as are  enabled by such features. 

You must not:

  • Modify copies of any materials from this site. 
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of  materials from this site. 

You must not access or use for any commercial purposes any part of the Website or any  services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access  to any part of the Website in breach of the Terms of Use, your right to use the Website will stop  immediately and you must, at our option, return or destroy any copies of the materials you have  made. No right, title, or interest in or to the Website or any content on the Website is transferred  to you, and all rights not expressly granted are reserved by Caregiven. Any use of the Website  not expressly permitted by these Terms of Use is a breach of these Terms of Use and may  violate copyright, trademark, and other laws. 

Trademarks 

The Caregiven name, the Caregiven logo, and all related names, logos, product and service  names, designs, and slogans are trademarks of Caregiven or its affiliates or licensors. You must  not use such marks without the prior written permission of Caregiven. All other names, logos,  product and service names, designs, and slogans on this Website are the trademarks of their  respective owners. 

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website: 

  • In any way that violates any applicable federal, state, local, or international law or regulation  (including, without limitation, any laws regarding the export of data or software to and from  the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way  by exposing them to inappropriate content, asking for personally identifiable information, or  otherwise. 
  • To send, knowingly receive, upload, download, use, or re-use any material that does not  comply with the Content Standards set out in these Terms of Use. 
  • To transmit, or procure the sending of, any advertising or promotional material, including any  “junk mail”, “chain letter”, “spam”, or any other similar solicitation. 
  • To impersonate or attempt to impersonate Caregiven, a Caregiven employee, another user,  or any other person or entity (including, without limitation, by using email addresses or screen  names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the  Website, or which, as determined by us, may harm Caregiven or users of the Website or  expose them to liability.

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site  or interfere with any other party’s use of the Website, including their ability to engage in real  time activities through the Website. 
  • Use any robot, spider, or other automatic device, process, or means to access the Website  for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website or for any  other unauthorized purpose without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious  or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the  Website, the server on which the Website is stored, or any server, computer, or database  connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Website. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums,  bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow  users to post, submit, publish, display, or transmit to other users or other persons (hereinafter,  “post”) content or materials (collectively, “User Contributions”) on or through the Website. 

All User Contributions must comply with the Content Standards set out in these Terms of Use. 

Any User Contribution you post to the site will be considered non-confidential and non proprietary. By providing any User Contribution on the Website, you grant us and our affiliates  and service providers, and each of their and our licensees, successors, and assigns the right to  use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any  such material according to your account settings. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the  license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns. 
  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you  submit or contribute, and you, not Caregiven, have full responsibility for such content, including  its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.  

Monitoring and Enforcement; Termination 

We have the right to: 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
  • Take any action with respect to any User Contribution that we deem necessary or  appropriate in our sole discretion, including if we believe that such User Contribution violates  the Terms of Use, including the Content Standards, infringes any intellectual property right  or other right of any person or entity, threatens the personal safety of users of the Website  or the public, or could create liability for Caregiven. 
  • Disclose your identity or other information about you to any third party who claims that  material posted by you violates their rights, including their intellectual property rights or their  right to privacy. 
  • Take appropriate legal action, including without limitation, referral to law enforcement, for  any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including  without limitation, any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement  authorities or court order requesting or directing us to disclose the identity or other information  of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD  HARMLESS CAREGIVEN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE  FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS  BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we do not undertake to review all material before it is posted on the Website and  cannot ensure prompt removal of objectionable material after it has been posted. Accordingly,  we assume no liability for any action or inaction regarding transmissions, communications, or  content provided by any user or third party. We have no liability or responsibility to anyone for  performance or nonperformance of the activities described in this section. 

Content Standards 

These content standards apply to any and all User Contributions and use of Interactive  Services. User Contributions must in their entirety comply with all applicable federal, state, local,  and international laws and regulations. Without limiting the foregoing, User Contributions must  not: 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,  violent, hateful, inflammatory, or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race,  sex, religion, nationality, disability, sexual orientation, or age. 
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any  material that could give rise to any civil or criminal liability under applicable laws or  regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
  • Be likely to deceive any person. 
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,  alarm, or annoy any other person. 
  • Impersonate any person or misrepresent your identity or affiliation with any person or  organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales  promotions, barter, or advertising. 
  • Give the impression that they emanate from or are endorsed by us or any other person or  entity, if this is not the case. 

Copyright Policy 

Caregiven respects the intellectual property of others and asks that users do the same. In  connection with our Website, we have adopted and implemented a policy respecting copyright  law that provides for the removal of any infringing materials and for the termination, in appropriate  circumstances, of users of our online Website who are repeat infringers of intellectual property  rights, including copyrights. If you believe that one of our users is, through the use of our Website,  unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material  removed, the following information in the form of a written notification (pursuant to 17 U.S.C. §  512(c)) must be provided to our designated Copyright Agent: 

  1. your physical or electronic signature; 
  2. identification of the copyrighted work(s) that you claim to have been infringed; 
  3. identification of the material on our services that you claim is infringing and that you  request us to remove; 
  4. sufficient information to permit us to locate such material; 
  5. your address, telephone number, and e-mail address; 
  6. a statement that you have a good faith belief that use of the objectionable material is not  authorized by the copyright owner, its agent, or under the law; and 
  7. a statement that the information in the notification is accurate, and under penalty of  perjury, that you are either the owner of the copyright that has allegedly been infringed  or that you are authorized to act on behalf of the copyright owner. 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a  written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation  of copyright infringement. 

Copyright Agent for Caregiven: Candice AD Smith 

Address of Agent: 7327 SW Barnes Rd. #411, Portland, OR 97225 

Email: candice@caregiven.co 

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general  information purposes. We do not warrant the accuracy, completeness, or usefulness of this  information. Any reliance you place on such information is strictly at your own risk. We disclaim  all liability and responsibility arising from any reliance placed on such materials by you or any  other visitor to the Website, or by anyone who may be informed of any of its contents. 

This Website may include content provided by third parties, including materials provided by  other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting  services. All statements and/or opinions expressed in these materials, and all articles and  responses to questions and other content, other than the content provided by Caregiven, are  solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Caregiven. We are not responsible, or  liable to you or any third party, for the content or accuracy of any materials provided by any third  parties. 

Modifications to the Services and Prices 

Prices for our services are subject to change without notice. We reserve the right at any time to  modify or discontinue the services (or any part or content thereof) without notice at any time. 

We reserve the right, but are not obligated, to limit the sales of our services to any person,  geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We  reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of us.  Any offer for any product or service made on this site is void where prohibited. 

We will not be liable to you or to any third-party for any modification, price change, suspension  or discontinuance of the services. 

Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit  or cancel quantities purchased per person, per household or per order. You agree to provide  current, complete and accurate purchase and account information for all purchases made at our  store. You agree to promptly update your account and other information, including your email  address and credit card numbers and expiration dates, so that we can complete your  transactions and contact you as needed. 

Changes to the Website 

We may update the content on this Website from time to time, but its content is not necessarily  complete or up-to-date. Any of the material on the Website may be out of date at any given  time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy. By using the Website,  you consent to all actions taken by us with respect to your information in compliance with the  Privacy Policy. 

Linking to the Website 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. 

This Website may provide certain social media features that enable you to: 

  • Link from your own or certain third-party websites to certain content on this Website. 
  • Send emails or other communications with certain content, or links to certain content, on this  Website. 
  • Cause limited portions of content on this Website to be displayed or appear to be displayed  on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the  content they are displayed with. Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you. 
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any  other site, for example, framing, deep linking, or in-line linking. 
  • Link to any part of the Website other than the homepage. 
  • Otherwise take any action with respect to the materials on this Website that is inconsistent  with any other provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must  comply in all respects with the Content Standards set out in these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to  stop. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our  discretion. 

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these links  are provided for your convenience only. This includes links contained in advertisements,  including banner advertisements and sponsored links. We have no control over the contents of  those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked  to this Website, you do so entirely at your own risk and subject to the terms and conditions of  use for such websites. 

Geographic Restrictions 

The owner of the Website is based in the state of Oregon in the United States. We make no  claims that the Website or any of its content is accessible or appropriate outside of the United  States. Access to the Website may not be legal by certain persons or in certain countries. If you  access the Website from outside the United States, you do so on your own initiative and are  responsible for compliance with local laws. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for  downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your  particular requirements for anti-virus protection and accuracy of data input and output, and for  maintaining a means external to our site for any reconstruction of any lost data. TO THE  FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR  DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR  OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER  EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE  TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH  THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON  ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED  THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND  ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN  “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER  EXPRESS OR IMPLIED. NEITHER CAREGIVEN NOR ANY PERSON ASSOCIATED WITH  CAREGIVEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE  COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF  THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CAREGIVEN NOR  ANYONE ASSOCIATED WITH CAREGIVEN REPRESENTS OR WARRANTS THAT THE  WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT  DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE  WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL  OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, CAREGIVEN HEREBY DISCLAIMS ALL  WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR  OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF  MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED  OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CAREGIVEN, ITS  AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,  OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY  LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY  TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE  OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED  TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF  REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS  OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT  (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF  FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR  LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify, and hold harmless Caregiven, its affiliates, licensors, and  service providers, and its and their respective officers, directors, employees, contractors,  agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities,  damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’  fees) arising out of or relating to your violation of these Terms of Use or your use of the  Website, including, but not limited to, your User Contributions, any use of the Website’s content,  services, and products other than as expressly authorized in these Terms of Use or your use of  any information obtained from the Website. 

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use and any dispute or claim arising  therefrom or related thereto (in each case, including non-contractual disputes or claims), will be  governed by and construed in accordance with the internal laws of the State of Oregon without  giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or  any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the  Website must be instituted exclusively in the federal courts of the United States or the courts of  the State of Oregon and County of Multnomah. You waive any and all objections to the exercise  of jurisdiction over you by such courts and to venue in such courts. 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO  THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR  AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR  CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability 

No waiver by Caregiven of any term or condition set out in these Terms of Use will be deemed a  further or continuing waiver of such term or condition or a waiver of any other term or condition,  and any failure of Caregiven to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be  eliminated or limited to the minimum extent such that the remaining provisions of the Terms of  Use will continue in full force and effect. 

Entire Agreement 

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between  you and Caregiven regarding the Website and its services and supersede all prior and  contemporaneous understandings, agreements, representations, and warranties, both written  and oral, regarding the Website. 

Your Comments and Concerns 

This website is operated by Caregiven, Inc., located at 4640 S Macadam Avenue, Suite 270,  Portland, Oregon 97239 

All notices of copyright infringement claims should be sent to the copyright agent designated in  our Copyright Policy set out in these Terms of Use. 

All other feedback, comments, requests for technical support, and other communications  relating to the Website should be directed to: app@caregiven.co.