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Terms & Conditions & Privacy

These terms and conditions create a contract between you and R.O.S. Therapy Systems (the “Agreement”). Please read the Agreement carefully. 

INTRODUCTION TO OUR SERVICES

This Agreement governs your use of R.O.S. Therapy Systems’ Caregiving 101 Subscription services (“Services”), through which you can access, information, entertainment and other products produced by R.O.S. Therapy Systems and our affiliates. Our Services are: caregiving101.com subscription service. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

USING OUR SERVICES

SUBSCRIPTIONS

The Services allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.

PAYMENTS, TAXES, AND REFUNDS

You can acquire content on our Services for a monthly subscription fee, which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and R.O.S. Therapy Systems, and/or you and the entity providing the Content on our Services.  R.O.S. Therapy Systems, will charge your payment method such as your credit card or debit card for all paid Transactions, including any applicable taxes. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is replacement of the Content. 

USER ID / Email

Using our Services and accessing your Content requires an email address.  Your user ID used when logging into the subscription website is your email.   You must be age 18 to create a Caregiving101.com subscription account and use our Services.  User IDs for persons under this age can be created by a parent or legal guardian using Family Sharing.

PRIVACY

Your use of our Services is subject to R.O.S. Therapy Systems Privacy Policy.

SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. R.O.S. Therapy Systems may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

All Services:

- You may use the Services and Content only for personal, noncommercial purposes.

- R.O.S. Therapy Systems delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.

- You can use Content from one user ID/email on 3 devices.  Additional subscriptions using different user ID/emails must be purchased if using more than 3 devices to use our content

- It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.

- You may not tamper with or circumvent any security technology included with the Services.

- You may access our Services only using R.O.S. Therapy Systems software, and may not modify or use modified versions of such software.

YOUR SUBMISSIONS TO OUR SERVICES

Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Contact feature. You hereby grant R.O.S. Therapy Systems a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. R.O.S. Therapy Systems may monitor and decide to remove or edit any submitted material.

Submissions Guidelines: You may not use the Services to:

- post any materials that you do not have permission, right or license to use;

- post objectionable, offensive, unlawful, deceptive or harmful content;

- post personal, private or confidential information belonging to others;

- request personal information from a minor;

- impersonate or misrepresent your affiliation with another person, or entity;

- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

- plan or engage in any illegal, fraudulent, or manipulative activity.

CONTRACT CHANGES

R.O.S. Therapy Systems reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

THIRD-PARTY MATERIALS

R.O.S. Therapy Systems is not responsible or liable for third party materials included within or linked from the Content or the Services.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by R.O.S. Therapy Systems and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

COPYRIGHT NOTICE

If you believe that any Content available through the Services infringe a copyright claimed by you, please contact R.O.S. Therapy Systems at info@rostherapysystems.com

TERMINATION AND SUSPENSION OF SERVICES

If you fail, or R.O.S. Therapy Systems suspects that you have failed, to comply with any of the provisions of this Agreement, R.O.S. Therapy Systems may, without notice to you: (i) terminate this Agreement and/or your user ID / email, and you will remain liable for all amounts due under your user ID / email up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

R.O.S. Therapy Systems further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and R.O.S. Therapy Systems will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

R.O.S. THERAPY SYSTEMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME R.O.S. THERAPY SYSTEMS MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY R.O.S. THERAPY SYSTEMS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL R.O.S. THERAPY SYSTEMS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A  RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, R.O.S. THERAPY SYSTEMS LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

R.O.S. THERAPY SYSTEMS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE R.O.S. THERAPY SYSTEMS FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

R.O.S. THERAPY SYSTEMS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE R.O.S. THERAPY SYSTEMS FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

R.O.S. THERAPY SYSTEMS IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.

WAIVER AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD R.O.S. THERAPY SYSTEMS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY R.O.S. THERAPY SYSTEMS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM R.O.S. THERAPY SYSTEMS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF R.O.S. THERAPY SYSTEMS' CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

GOVERNING LAW

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and R.O.S. Therapy Systems, and all Transactions on the Services shall be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. You and R.O.S. Therapy Systems agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Greensboro, North Carolina, to resolve any dispute or claim arising from this Agreement.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and R.O.S. Therapy Systems and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and R.O.S. Therapy Systems. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. R.O.S. Therapy Systems' failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. R.O.S. Therapy Systems will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No R.O.S. Therapy Systems employee or agent has the authority to vary this Agreement.

R.O.S. Therapy Systems may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. R.O.S. Therapy Systems may also contact you by email or push notification to send you additional information about the Services.

You hereby grant R.O.S. Therapy Systems the right to take steps R.O.S. Therapy Systems believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that R.O.S. Therapy Systems has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as R.O.S. Therapy Systems believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to R.O.S. Therapy Systems right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).

 

 

Last Updated: December 27, 2016