This is a binding agreement. By using the Caregiverdiary application located at caregiverdiary.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Caregiverdiary from time to time. References in this document to Caregiverdiary include its affiliates, officers, directors, employees, consultants, agents, and representatives. Caregiverdiary will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Caregiverdiary respects your privacy and permits you to control the treatment of your personal information. We are committed to protecting the privacy and security of patient and caregiver information in compliance with HIPAA regulations. A complete statement of the current privacy policy is available upon request. The privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Caregiverdiary immediately of any unauthorized use of your account, user name, or password. Caregiverdiary shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Caregiverdiary or any affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
Caregiverdiary may make certain software available to you from the Site. Caregiverdiary retains full and complete title to the Software as well as all intellectual property rights therein. You may not decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Caregiverdiary or its licensors and you may not copy or use them in any manner.
You grant Caregiverdiary a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Caregiverdiary a license to use User Content in connection with the operation of the caregiving management service, including without limitation, a right to copy, transmit for business purposes, reproduce, edit, translate, and reformat User Content for the purpose of providing care documentation and reporting services. You will not be compensated for any User Content.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening or (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. Caregiverdiary reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Caregiverdiary intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Caregiverdiary reserves the right to terminate your use of the Service and/or the Site. To ensure that Caregiverdiary provides a high quality experience for you and for other users of the Site and the Service, you agree that Caregiverdiary may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Caregiverdiary does not intend to disclose the existence or occurrence of such an investigation unless required by law (except as required by HIPAA for protected health information), but Caregiverdiary reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Caregiverdiary believes that you have violated any of the Terms of Use, furnished Caregiverdiary with false or misleading information, or interfered with use of the Site or the Service by others.
CAREGIVERDIARY HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREGIVERDIARY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CAREGIVERDIARY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
CAREGIVERDIARY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAREGIVERDIARY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CAREGIVERDIARY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Caregiverdiary has no control over, and no liability for any third party websites or materials.
Caregiverdiary imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Caregiverdiary in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify Caregiverdiary for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Caregiverdiary from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Caregiverdiary will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents of Site or Service are: Copyright © 2025 Caregiverdiary. All rights reserved.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the applicable state laws where services are provided, without reference to their rules regarding conflicts of law. Any disputes arising out of or related to the use of the Site or Service shall be resolved in accordance with applicable law.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Caregiverdiary or by any third party.
Caregiverdiary may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Caregiverdiary shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.