Last updated November 30, 2022
These program rules (“Program Rules”) constitute a legally binding agreement made between you (“you”), and Givers, Inc. ("Company," “we," “us," “our,” or “Givers”), concerning your access to and use of the Givers programs described in these Program Rules (collectively, the “Services”) accessed via www.joingivers.com, app.joingivers.com, and community.joingivers.com websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Our registered office is at 13495 Tournament Dr, ATTN: Givers, Inc., Palm Beach Gardens, FL 33410.
Please read these Program Rules carefully before you start to use the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Program Rules. IF YOU DO NOT AGREE WITH ALL OF THESE PROGRAM RULES, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
IMPORTANT NOTE: THESE PROGRAM RULES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN THE “ARBITRATION AND WAIVERS” SECTION OF THIS AGREEMENT (SEE SECTION 8).
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Program Rules. All changes are effective immediately when we post them on the Site, and shall apply to all access to, and use of, the Services thereafter. We will give you advance notice of any change where required by law. You can determine when these Program Rules were last revised by referring to the “Last updated” date at the top of these Program Rules. You waive any right to receive specific notice of each such change if notice is not required by law. Please ensure that you check the applicable Program Rules every time you use our Services so that you understand which Program Rules apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Program Rules by your continued use of the Services after the date such revised Program Rules are posted (or if notice is required by law, the date identified in such notice as the effective date of such change). For the avoidance of doubt, disputes arising under these Program Rules will be resolved in accordance with the Program Rules in effect at the time the dispute arose.
The Services are not tailored to comply with industry-specific regulations (including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA)), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Services are intended for US residents who are at least 18 years old. Persons not US residents or under the age of 18 are not permitted to use or register for the Services. By using the Services, you represent and warrant that you are a U.S. resident who is at least 18 years old.
Subject to the terms and conditions of these Program Rules, Givers will offer you the Services set forth below. You may use the Services for which you have paid the applicable fee(s) to Givers. You must have a Givers bank account issued by Givers’ bank partner (“Givers Bank Account”) which is open and in good standing in order to use the Services. Your Givers Bank Account will be governed by the Givers Consumer Deposit Account Agreement between you and Givers’ bank partner.
(a) Technology Platform. Givers is a technology platform through which caregivers can manage their finances and expenses related to caregiving. The Givers platform provides you with a place to organize, manage, and save on your care-related expenses. By using your Givers Debit Card (see 2.1(d) below) to pay for your care-related expenses, you will be able to track your spending and organize applicable information to apply for benefits programs that pay or reimburse family caregivers.
(b) Banking Services. Givers is not a bank. Banking services associated with our services are provided by Thread Bank, Member FDIC. The Givers Visa® Debit Card is issued by Thread Bank pursuant to a license from Visa U.S.A. Inc. and may be used everywhere Visa debit cards are accepted. Your transactions will be processed through an FBO account held by Thread Bank for the benefit of our customers or users. We will provide you with a monthly summary statement that describes your transactions. Your deposit balances held by Thread Bank are insured by the Federal Deposit Insurance Corporation (FDIC) for up to the legal limit (currently $250,000 for each category of legal ownership).
(c) Non-commercial Use. You may not use the Services to prepare finances, expenses, or taxes, for a third party on a professional or commercial basis (i.e., for a fee).
(d) Use of Givers Debit Card. You may receive a debit card issued by Givers’ bank partner (“Givers Debit Card”) that will allow you to access funds in your Givers Bank Account (the Givers Debit Card will be governed by the Givers VISA Debit Cardholder Agreement between you and Givers’ bank partner). Givers is not responsible for verifying the qualification of your purchases as caregiving-related expenses, and you agree to indemnify Givers and take on any and all liability that may arise in the case that you improperly categorize an expense as caregiving-related.
(e) No Professional Advice. Unless expressly stated in writing in a separate agreement between Givers and you, Givers does not provide legal, financial, accounting, investment, tax or other professional services or advice. If we provide you with written financial or tax advice, the Services in no way constitute and are not a replacement for personal professional tax or business advice tailored to your specific needs. While we may assist in an informational and organizational manner, we are not a tax preparation service and will not file your taxes on your behalf. We are not responsible for determining your tax liability or the amounts that you need to withhold or save to cover such liability.
(a) Technology Platform. Givers provides informational and directional guidance on applying for and receiving government and non-government benefits programs that you may be eligible for as a family caregiver (“Savings”). We may use your personally identifying information and financial information from your Givers Bank Account that you have consented to Givers’ bank partner sharing with Givers to identify potential Savings for you.
(b) Third Party Technology and Content. The Services may direct you to or utilize designs, information, APIs, SDKs, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Technologies"). Third-Party Technologies also include any services (including, but not limited to, tax preparation services) offered by third parties made available by Givers on the Site.
Third-Party Technologies are provided for your convenience only in accessing Savings. Such Third-Party Technologies are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Technologies accessed through the Site. If you decide to access the Third-Party Technologies, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Technologies you use on or from Site. Any purchases you make through Third-Party Technologies will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered by Third-Party Technologies and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
(c) Limitation of Liability. YOU HAVE THE FINAL RESPONSIBILITY FOR THE ACCURACY OF EACH ITEM SUBMITTED TO US OR MAINTAINED THROUGH OUR SERVICES. WE DO NOT AUDIT OR OTHERWISE VERIFY THE INFORMATION THAT: (I) YOU PROVIDE TO THIRD PARTIES; (II) IS IN YOUR ACCOUNT; (III) OR ACCOUNT RELATED DOCUMENTS SUBMITTED TO THIRD PARTIES, INCLUDING BUT NOT LIMITED TO TAX AUTHORITIES. IF SUCH DOCUMENTS CONTAIN ERRORS, THERE MAY BE AN ASSESSMENT OF ADDITIONAL PENALTIES.
YOU ACKNOWLEDGE THAT BENEFIT ELIGIBILITY DECISIONS BY GOVERNMENT AGENCIES OR PRIVATE ORGANIZATIONS ARE BASED ON THE INFORMATION YOU PROVIDE AND YOUR INDIVIDUAL CIRCUMSTANCES. GIVERS IS NOT RESPONSIBLE FOR ANY DECISION MADE BY SUCH GOVERNMENT AGENCIES OR PRIVATE ORGANIZATIONS REGARDING YOUR ELIGIBILITY OR NON-ELIGIBILITY FOR ANY BENEFIT.
SUBJECT TO ANY GUARANTEE WE PROVIDE IN WRITING OR APPLICABLE LAW WE ASSUME NO LIABILITY FOR ANY ADDITIONAL TAX, PENALTIES OR OTHER ASSESSMENTS. YOU ACKNOWLEDGE THAT ANY UNDERSTATED TAX, AND ANY PENALTY, INTEREST OR OTHER RELATED FEE OR COST IMPOSED BY ANY TAX AUTHORITY ARE YOUR RESPONSIBILITY, AND THAT WE HAVE NO RESPONSIBILITY IN THAT REGARD.
YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY LOSS DUE TO ANY FINANCIAL OR PERSONAL DECISION YOU TAKE RELATED TO YOUR USE OF OUR SERVICES, ANY LOSS DUE TO INACCURATE INFORMATION THAT WE RECEIVE FROM YOU OR ANY THIRD PARTY RELATED TO YOUR USE OF OUR SERVICES, ANY DELAY IN FILING YOUR TAX RETURNS, AND ANY LOSS DUE TO YOUR INABILITY TO ACCESS OR USE YOUR ID OR PASSWORD, OR ANY LOSS DUE TO AN UNAUTHORIZED USE OF YOUR ACCOUNT.
(d) No Professional Advice. Unless expressly stated in writing in a separate agreement between Givers and you, Givers does not provide legal, financial, accounting, investment, tax or other professional services or advice. Any benefit information, services, applications, and financial or tax information we may provide are presented solely for informational and organizational purposes, and should, in no way constitute, and are not a replacement for, personal professional legal, tax, or business advice tailored to your specific needs. You should consult an accountant (or tax advisor), attorney and/or other business professional advisor to discuss your individual circumstances. While we may assist in an informational and organizational manner, we are not a tax preparation service and will not file your taxes on your behalf. Our third-party tax service partner, Column Tax, shall file any tax forms on your behalf that you prepare on the Site. We are not responsible for determining your tax liability or the amounts that you need to withhold or save to cover such liability.
(e) No Guarantees of Savings. Givers does not guarantee that you will receive any Savings by participating in the Program. Givers may from time to time provide you with a forecast or an estimate of upcoming or potential savings. These forecasts and estimates are for informational purposes only and do not guarantee the receipt of any Savings.
(f) Benefit Eligibility. You are not required to use the Services as a condition to obtain benefits from government agencies or private organizations. Using the Services will not change your ultimate eligibility or non-eligibility to receive such benefits, and you may apply for such benefits without using the Services.
Givers is not a medical practice. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Givers. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual, and the person(s)’ to whom you are providing care, needs and any medical conditions. All information provided by Givers, or in connection with any communications contacted by Givers, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Givers’ Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
Givers charges a fee on a monthly or annual basis (the “Givers Fee”). The Givers Fee covers costs associated with personal services that enhance your experience, tools to facilitate access to services, and certain on-demand services.
The default Givers Fee is $20/mo. You may receive promotional pricing at a discount to the default Givers Fee. You may also receive a waiver of your fee for a promotion or incentive, including but not limited to your first month’s fee waived. All fees and promotions will be clearly presented to you when you activate your account. Givers may modify the Givers Fee from time to time upon prior notice to you.
The Givers Fee applies for as long as you have funds in your Givers Bank Account.
The payment method for any applicable Givers Fee is an automated book payment from your Givers Bank Account to Givers. YOU AUTHORIZE US TO AUTOMATE THE BOOK PAYMENT FROM YOUR GIVERS BANK ACCOUNT IN THE AMOUNT OF THE APPLICABLE GIVERS FEE AT THE TIME OF EACH BILL DATE, UNTIL YOU CLOSE SUCH BANK ACCOUNT. YOU CAN CLOSE YOUR GIVERS BANK ACCOUNT AT ANY TIME BY CONTACTING US AT CONTACT@JOINGIVERS.COM OR DOING SO IN THE APP.
The Givers Fee is automatically charged at the beginning each period based on your start date and selected frequency. Each Givers Fee covers services for that period.
3.3 Low Balance
In any case in which your Givers Bank Account balance is less than the Givers Fee, Givers will debit your Givers Bank Account in the amount of your Givers Bank Account balance, and send you an invoice for the remaining balance, to be paid within 30 days.
If your Givers Fee is not paid or you do not have the funds in your Givers Bank Account to cover the fee, your access to the app will be suspended and then canceled.
Givers does not offer any refunds.
You may close your Givers Bank Account at any time by transferring your money out and closing your Account in the Givers App.
We may suspend, disable or terminate any of the Services, at our discretion with or without notice. This includes if we believe you are using the Services for fraudulent or illegal purposes or in violation of law or regulation, these Program Rules, any other agreement you may have with us, if multiple transactions are returned to us, if you withdraw any consents you provide under these Program Rules or any other agreement with us, if your account has been inactive for an extended period of time as determined by us, or if you otherwise present undue risk to us. We may also close your Givers Bank Account in accordance with the Consumer Deposit Agreement.
We are not responsible to you for any damages you may suffer as a result of the suspension, disabling or termination of the Services, including but not limited to the loss of funds from Savings programs. The suspension, disabling or termination of any of the Services do not impact any right or obligation that arose prior to suspension, disabling or termination of any Service, or any right or obligation that, by its nature, should survive termination (including all indemnifications obligation by you, our limitations of liability, and all terms governing arbitration).
Communications Disclosure and Consent
"Communications" means disclosures, notices, marketing materials, agreements, fee schedules, privacy policies, statements, records, documents, and other information we provide to you, or that you sign and submit or agree to at our request, in connection with the Givers Program and the Services. Givers is dedicated to providing the best experience possible, including providing information to you. By accepting this agreement, you agree that you are willing and able to receive Communications in electronic form, and consent to receive Communications.
We will deliver Communications to you electronically, either through the Givers website www.joingivers.com ("Website"); the Givers mobile app or app.joingivers.com ("App"); text or SMS messages ("Text Messages"); phone call (“Phone Call”); or through electronic mail ("E-mail"). If we do not deliver Communications to you through the above manners, we will tell you where you can go to receive such Communications.
Updating Contact Information
It is your responsibility to maintain accurate and current contact information so that we may send you electronic Communications. You can update your email address and other contact information by logging into your online account at app.joingivers.com, in the "Profile" section, or by emailing us at firstname.lastname@example.org
You have the right to withdraw your consent to this agreement at any time. Withdrawing consent will terminate your Givers membership and/or Givers Bank Account, including access to our Website and Mobile App. A balance refund check may be issued to you upon Bank Account termination in accordance with this Agreement. You may withdraw consent by emailing us at email@example.com.
By providing Givers with your cellular phone or other wireless device number, you are expressly consenting to receiving non-marketing communications from Givers at that number - including but not limited to prerecorded or artificial voice message calls, text messages, app notifications and calls made by an autodialer - from us and our affiliates and agents. This consent applies to all telephone numbers that you provide us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control or training purposes.
If we are unable to resolve a dispute with you regarding the Services or these Program Rules (“Dispute”) through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Consumer Arbitration Rules (“AAA Consumer Rules”) of the American Arbitration Association ("AAA") , which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the AAA Consumer Rules or applicable law, the arbitration will take place in Palm Beach Gardens, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.