JCT SOLUTION TherapyCarePlus TERMS OF SERVICE

 

TERMS APPLICABLE TO ALL OF TherapyCarePlus

These JCT SOLUTION TherapyCarePlus Terms of Service are an agreement between JCT SOLUTION (or, if applicable based on where you live, one of its affiliates) and you. 

BY SUBSCRIBING TO A TherapyCarePlus SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the TherapyCarePlus services.

TherapyCarePlus is made up of Web sites and Web pages operated by JCT SOLUTION and its affiliates and of various products and services which are provided by JCT SOLUTION, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in these Terms of Service as "TherapyCarePlus".   "You" and ¡°Your¡± means You, Your company, Your employees, and anyone who has access to use Your TherapyCarePlus account. You must be at least eighteen (18) years of age to subscribe to and use any TherapyCarePlus service or product.

The TherapyCarePlus is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the TherapyCarePlus and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. JCT SOLUTION reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If JCT SOLUTION makes a material change to the Terms of Service, JCT SOLUTION will give You notice by posting a message on Your TherapyCarePlus welcome page stating that there has been a change to the Terms of Service and/or by email at the email address which You use as Your user ID for Your TherapyCarePlus account thirty days before such change is scheduled to take effect. If You continue to use the TherapyCarePlus after any such changes, Your continued use will constitute Your consent to such changes.

Any rights not expressly granted herein are reserved by JCT SOLUTION.

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please an email requesting a hard copy.

YOUR WARRANTIES
By subscribing to any service offered on the TherapyCarePlus site, You make the following representations and warranties. JCT SOLUTION shall have the right to terminate Your TherapyCarePlus account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

  1. You and all users of the TherapyCarePlus approved by you are at least eighteen (18) years of age;
  2. You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the TherapyCarePlus service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
  3. You will not use the TherapyCarePlus for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
  4. All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
  5. Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
  6. You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site. By using the TherapyCarePlus, You agree that You will defend and indemnify JCT SOLUTION and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

7.                   

By using the TherapyCarePlus, You agree that You will defend and indemnify JCT SOLUTION and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE TherapyCarePlus

The TherapyCarePlus is provided to assist You with the operation of Your business. Your right to use the TherapyCarePlus is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and Your TherapyCarePlus account. JCT SOLUTION reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor Your compliance with these Terms of Service and the Additional Terms. JCT SOLUTION reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the TherapyCarePlus, except as expressly provided herein.

You may not use a name in connection with operating Your TherapyCarePlus Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in TherapyCarePlus.

You may not interfere with or disrupt the TherapyCarePlus or servers or any network connected to TherapyCarePlus.

You may not use the TherapyCarePlus or the products or services provided through or in connection with the TherapyCarePlus to:

  1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
  2. defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
  3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
  4. harm minors in any way;
  5. publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
  6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any TherapyCarePlus services or Your Web site would cause JCT SOLUTION to violate any law, statute or regulation; or any other illegal activity;
  7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
  8. violate any applicable government laws or regulations.
  9. You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the TherapyCarePlus." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the TherapyCarePlus, or in any product, service or Software provided through the TherapyCarePlus.

The information provided by JCT SOLUTION to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of JCT SOLUTION with any third party.

TERMS RELATED TO FEES, PRICING AND BILLING

FEES

Some products and services available through or in connection with TherapyCarePlus require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your TherapyCarePlus account by you or anyone else using Your account. JCT SOLUTION reserves the right to modify the fees charged for TherapyCarePlus products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after JCT SOLUTION notifies You via email or otherwise of such modified fees.

PRICING

Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on Your Online Statement or charged to Your Billing Account or Payment Method.

The price on your TherapyCarePlus Checkout page for products, services and items obtained through the TherapyCarePlus (the "Products") reflects the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the Product when You first placed it in TherapyCarePlus Checkout (e.g. you place an item in the TherapyCarePlus checkout, but you waited several days before submitting the order and the price changed between placing the item in TherapyCarePlus checkout and submitting the order). We cannot confirm the price of a Product until You submit Your order; however, we do NOT charge Your Billing Account until Your order completes the TherapyCarePlus Checkout process. Despite our best efforts, a small number of Product items may be mispriced or the offer has expired and the following will apply: 

  1. If a Product¡¯s correct price is lower than our stated price, we charge you the lower amount.
  2. If a Product¡¯s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

BILLING

CHARGES ON YOUR BILLING ACCOUNT

JCT SOLUTION bills you through an online account (Your "Billing Account") for Products. You agree to pay JCT SOLUTION all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize JCT SOLUTION to charge Your chosen payment method (Your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on Your Billing Account will be summarized for you online (Your "Online Statement"). You will have one Online Statement per Billing Account. JCT SOLUTION reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY JCT SOLUTION IF YOUR PAYMENT METHOD IS CANCELED. IF YOU FAIL TO PROVIDE JCT SOLUTION ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT JCT SOLUTION MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the "Payment Method Provider"). If JCT SOLUTION does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand.

If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and JCT SOLUTION shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that JCT SOLUTION may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

JCT SOLUTION MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED.

DUE DATE; LATE CHARGE; COLLECTION COSTS

The amount due to JCT SOLUTION for Your Billing Account must be paid in full by Your Payment Method Provider on the date such payment is requested by JCT SOLUTION, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by JCT SOLUTION on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. JCT SOLUTION reserves the right to refer Your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

DEFAULT

If JCT SOLUTION does not receive payment for any charge to Your Billing Account, you will be in default and JCT SOLUTION may suspend or cancel Your Billing Account and Your access to any or all JCT SOLUTION Products. If Your Payment Method Provider seeks return of payments previously made to JCT SOLUTION, but JCT SOLUTION in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and JCT SOLUTION may cancel Your Billing Account and Your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, JCT SOLUTION MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A JCT SOLUTION SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS

JCT SOLUTION may, in its discretion, terminate, cancel, or suspend an accepted order if JCT SOLUTION is notified that Your Payment Method has expired or has been canceled, or if JCT SOLUTION has reason to believe that any Billing Account information provided to JCT SOLUTION is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or JCT SOLUTION, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before JCT SOLUTION could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the TherapyCarePlus website expressly so provides.

If You notify JCT SOLUTION by phone at the number found on the cancellation policy page of the TherapyCarePlus website or in writing that You are canceling one or more TherapyCarePlus services or products, fees pre-paid by You to JCT SOLUTION for TherapyCarePlus products or services will be credited back to Your applicable credit card in accordance with the cancellation policy. JCT SOLUTION is not required to refund directly to You any amounts paid hereunder.

In the event that JCT SOLUTION terminates Your TherapyCarePlus account or one or more of Your TherapyCarePlus services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

GENERAL

You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.

CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a TherapyCarePlus service that You may not be entitled to a refund of all or part of amounts already paid by You for such TherapyCarePlus subscription, setup fee or customization fee. You agree that (a)TherapyCarePlus's cancellation policy below and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you. Your system will be down immediately up on request.

Refunds for Quartely / Semi-Anuual/ Annual subscribers
TherapyCarePlus annual subscribers will have their credit cards  or paypal account charged the full amount of the service when they sign up and are subject to the following penalties under the cancellation policy:

  • No refund for any service such as subscription fee , setup fee, initialization fee and customization fee.

Refunds for monthly subscribers
When TherapyCarePlus subscribers sign up for a service that is a monthly subscription, their payments will charged the full monthly charge for the service in advance. Please be advised that customers who subscribe to monthly services are not entitled to any refund.

CHANGES TO SERVICES, TERMINATION BY TherapyCarePlus
JCT SOLUTION may change any of the TherapyCarePlus services at any time and from time to time without notice, including terminating the offering of any TherapyCarePlus service altogether.

TherapyCarePlus may terminate Your account, Your access to TherapyCarePlus or any of Your TherapyCarePlus services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your TherapyCarePlus services or from using the TherapyCarePlus or from receiving any products, services or benefits from TherapyCarePlus, if JCT SOLUTION determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if JCT SOLUTION receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the TherapyCarePlus and there will be no refund of any fees prepaid by You. If You subscribe to a TherapyCarePlus service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the TherapyCarePlus service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

LINKS TO THIRD PARTY SITES
Links within the TherapyCarePlus may let You leave the Jappiontment-online. You acknowledge that the linked sites are not under the control of JCT SOLUTION and that JCT SOLUTION is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. JCT SOLTUION is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by JCT SOLUTION of the linked site or any association with their operators.

LICENSE YOU GRANT TO TherapyCarePlus
JCT SOLUTION does not claim ownership of the materials You provide to JCT SOLUTION (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of TherapyCarePlus or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of TherapyCarePlus (collectively "Submissions"). However, You grant JCT SOLUTION a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of TherapyCarePlus. You also grant JCT SOLUTION the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to JCT SOLUTION's or its sublicensee's use of the materials as licensed above. JCT SOLUTION is under no obligation to post or use any materials You may provide, and may remove such materials at any time in JCT SOLUTION's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the TherapyCarePlus, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant JCT SOLUTION the license set forth above, and You will defend and indemnify JCT SOLUTION and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant JCT SOLUTION permission to use screen shots of any Web page that contains a link to TherapyCarePlus or TherapyCarePlus HTML code (with respect to the TherapyCarePlus) in TherapyCarePlus promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

SOFTWARE AVAILABLE ON THE TherapyCarePlus NETWORK
Software (if any) that is made available to download from or otherwise used through the TherapyCarePlus, excluding software that may be made available by third parties via TherapyCarePlus, ("Software") is the copyrighted work of JCT SOLUTION and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, JCT SOLUTION hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular TherapyCarePlus Web Site or TherapyCarePlus service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by JCT SOLUTION and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the TherapyCarePlus may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the TherapyCarePlus should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the TherapyCarePlus, and products and services of TherapyCarePlus, is at Your own risk. JCT SOLUTION makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the TherapyCarePlus, or such products or services. Without limiting the foregoing, NEITHER JCT SOLUTION NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN TherapyCarePlus FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JCT SOLUTION AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL JCT SOLUTION OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

  1. DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF TherapyCarePlus OR RELATED SERVICES, OR
  2. WITH THE DELAY OR INABILITY TO USE TherapyCarePlus OR RELATED SERVICES;
  3. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH TherapyCarePlus; OR
  4. OTHERWISE ARISING OUT OF THE USE OF TherapyCarePlus, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JCT SOLUTION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF TherapyCarePlus, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TherapyCarePlus AND ITS RELATED SERVICES AND PRODUCTS.

5.                   

Without limiting the foregoing, JCT SOLUTION is not responsible for any of Your data residing on JCT SOLUTION and TherapyCarePlus hardware or systems, including such hardware or systems provided to JCT SOLUTION by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the JCT SOLUTION or TherapyCarePlus hardware or systems, including such hardware or systems provided to JCT SOLUTION by third parties, whether or not such information is produced through the use of TherapyCarePlus, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the TherapyCarePlus. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. JCT SOLUTION will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the TherapyCarePlus, its services or products; (b) Your customers' use of Your Web site hosted by or created through TherapyCarePlus and Your products and services; (c) use of the TherapyCarePlus by any other party to whom You have given access to Your company information for use of the TherapyCarePlus; (d) errors, bugs or other defects in the TherapyCarePlus; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the TherapyCarePlus Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to JCT SOLUTION's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the TherapyCarePlus.

JCT SOLUTION is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your TherapyCarePlus information, through the use of the TherapyCarePlus.

JCT SOLUTION is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the TherapyCarePlus. JCT SOLUTION is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through TherapyCarePlus. JCT SOLUTION is not acting as Your or any third party's agent in connection with the operation of TherapyCarePlus. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because JCT SOLUTION is not involved in any orders or other transactions between You and other users of TherapyCarePlus or other marketplace forums, JCT SOLUTION cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any TherapyCarePlus service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). JCT SOLUTION is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. JCT SOLUTION makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using bCentral.

INDEMNITY
You agree to defend, indemnify and hold JCT SOLUTION and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with JCT SOLUTION or Your use of TherapyCarePlus.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
JCT SOLUTION reserves the right to deny in its sole discretion any user access to TherapyCarePlus or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the TherapyCarePlus resulting from any third party using a password or user name issued to You. You agree to notify JCT SOLUTION immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the TherapyCarePlus known to or suspected by You. You may change Your password at any time by following instructions on the TherapyCarePlus Web site.

You hereby authorize JCT SOLUTION to rely on any data, notice, instruction or request furnished by You to JCT SOLUTION, or that JCT SOLUTION reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. JCT SOLUTION is not responsible for fraud of participants or of other users of Your account.

YOUR CUSTOMER DATA
TherapyCarePlus will only extract or use Your customer data upon your request only.  JCT SOLUTION is not responsible to your customer data in any matter.

GENERAL
JCT SOLUTION's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of JCT SOLUTIONt's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the TherapyCarePlus or information provided to or gathered by JCT SOLUTION with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and JCT SOLUTION with respect to the TherapyCarePlus and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JCT SOLUTION with respect to the TherapyCarePlus.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. JCT SOLUTION may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove Your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which You must have provided consent or engaged in conduct to obtain the applicable services or Products.

Any rights not expressly granted herein are reserved by JCT SOLUTION, including all legal and equitable remedies available to JCT SOLUTION or violation of any of these Terms of Service.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the TherapyCarePlus are: Copyright (c) 2004-2010 JCT SOLUTION Inc. and/or its suppliers, c/o JCT SOLUTION Inc, 6201 Schaefer cir Edina, MN 55436 U.S.A. All rights reserved.

TRADEMARKS
TherapyCarePlus is either a trademark or registered trademark of JCT SOLUTION Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by JCT SOLUTION

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent..

 

 

Last updated: January  30, 2010