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.
You represent and warrant that:
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:
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
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.
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:
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
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.
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.
Refunds for Quartely / Semi-Anuual/ Annual subscribers
Refunds for monthly subscribers
CHANGES TO SERVICES,
TERMINATION BY TherapyCarePlus
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
LICENSE YOU GRANT TO
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
LIABILITY AND DISCLAIMERS
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:
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.
ACCOUNT SECURITY AND PASSWORDS
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
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.
NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Last updated: January 30, 2010