Parent Agreement

By accessing the website at www.caregiva.net (Caregiva, LLC), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. 

This Parent Agreement (or “Agreement”) is entered into by and between you and us, Caregiva, LLC, a Florida limited liability company (“Caregiva” or “Company”). This Agreement, together with the “Terms of Use” and “Privacy Policy“, govern your access to and use of Caregiva.net, including any content, functionality and services offered on or through Caregiva.net (collectively, the “Website”). When you use the Website or click to accept the terms of the Parent Agreement, you agree to be bound and abide by the Agreement, the Terms of Use, and our Privacy Policy, found at www.Caregiva.net/privacy-policy incorporated herein by reference. If you do not want to agree to the Parent Agreement, our Terms of Use or the Privacy Policy, you must not access or use the Website. 

You agree to register with Caregiva and provide information that will help us contact you. Once registered, you will be reviewed and contacted by us. Once contacted, you will be able to use the features of the site. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Caregiva in your state of residence, and you meet all of the foregoing eligibility requirements. If you do not meet our requirements, your access or use of the Website is a violation of these Terms. Caregiva has the right, but not the obligation, to withdraw or amend the Website, and any service or material provided thereon, in our sole discretion without notice. 

If you access the Website then you may be asked to provide registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide through the Website is governed by our Privacy Policy, which is expressly incorporated herein by reference, and you consent to all actions we take regarding your information consistent with such policy. You must treat your user name, password or other pieces of information as part of our security procedures as confidential and personal. Your account is personal to you and must not be shared. 

You agree to immediately notify us of unauthorized access or use of your user name, password or other security breaches. Caregiva may disable any user name, password or other identifier, at any time, for any or no reason. 

We also do not have control, supervise or provide any training or equipment to Sitters, and we have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever or the services provided by Sitters. Persons seeking services (“Families” or “Groups”) are required to make their own assessment of the Sitters such Families or Groups decide to interact with, engage with, and receive services from. You agree to release Caregiva (including, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns) from any claims or liability that may arise from any disputes between you and other users of the Website. 

Caregiva offers an online payment service to facilitate payments for services received through our Website (“Fees”). You must read the Terms of Use for further payment information and agree to the Terms of Use before continuing to use the features of the site. Any fees incurred by Families are due immediately. If a Family or Group fails to confirm or complete the transaction within forty-eight (48) hours, the Family or Group authorizes Caregiva to charge the credit card associated with the Family’s or Group’s account. In such event, Caregiva will send you an email receipt. If a Family or Group contacts the Sitter directly and the Sitter accepts a job in circumvention of the Caregiva platform. Company may assess a minimum circumvention fee of $500.00 against a Family or Group if such Family or Group chooses to contact any Sitter directly with the intention of arranging services. You covenant and agree that you will not:

(i) circumvent or attempt to circumvent the obligation to pay Fees related to Company’s provision of services;

(ii) circumvent or attempt to circumvent Company’s messaging tools or platform;

(iii) establish a contact or continuing a relationship with a Sitter where such contact or relationship was established primarily through the Website for purposes of any of the foregoing; or (iv) dispute Fee amounts for illegitimate reasons. 

This Parent Agreement, our Terms of Use, our Privacy Policy, and any other terms and conditions incorporated herein or therein by reference constitute the sole and entire agreement between you and Caregiva with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. This Agreement shall be governed and construed by the laws of the State of Florida. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts of the State of Florida for the purposes of any proceedings arising out of this Agreement.

This Agreement may be executed simultaneously in two (2) or more counterparts, each of which will be deemed an original, and she will not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. In addition, this Agreement may be executed and delivered by electronic signature, which shall constitute a valid and enforceable signature. The parties agree that an electronic signature shall have the same legal effect, validity and enforceability as a wet signature.

Waiver by one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.

Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. No amendment, change to or modification of this Agreement shall be valid unless in writing signed by the parties hereto. This Agreement and the exhibit attached hereto constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations, whether written or oral, are hereby terminated and canceled in their entirety and are of no further force and effect.

Caregiva, LLC

a Florida limited liability company