The RecertMe Mobile Application Terms and Conditions of Use:
Congratulations on acquiring the latest RecertMe mobile application for iOS and Android mobile software. Use of the app for any other purpose, including reproduction, modification, distribution, transmission, publication, or display, is strictly prohibited. All content accessible via the App, including all logos, maps,text, images, audio, video, feeds, databases, and software, as well as the collection, arrangement,assembly and presentation of the App's visual components, are the sole and exclusive property of Upper East Care LLC or its affiliated content suppliers and are protected by copyright laws. You may not use the RecertMe logo, map, or any other content from the app without express written permission in advance from Upper East Care LLC.
You acknowledge and agree that the RecertMe Marks may not be used in connection with any product or service that is not RecertMe in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RecertMe. Other products, services, or company names used on the app may be trademarks of their respective owners. You further acknowledge and agree that RecertMe, or its third-party affiliates or content suppliers, owns all rights, titles, and interests in and to the App and all content accessed via the App. You shall not acquire any right, title, or interest in the app or the content contained or provided therein.
ALLOWABLE USE TERMS:
The rights granted to you under these terms are limited to accessing, displaying, or otherwise making available the app. The app, its content, and the services provided therein are available as a resource for your personal, non-commercial use and may not be used as a part of any advertisement, promotion, or other commercial endeavor. You shall not change, tamper, dismantle, augment, misrepresent, modify, reproduce, redistribute, or frame any of the content contained on the App or received via the use of the App without the express, advanced, written consent of Upper East Care LLC and any relevant third party. You shall not use the app in any way that causes detriment to Upper East Care LLC or brings Upper East Care LLC into disrepute. You shall not represent yourself as Upper East Care LLC or an agent or partner of Upper East Care LLC or make any representations, warranties, or guarantees to third parties with respect to the app. You agree to comply with all applicable laws and regulatory requirements in relation to your receipt and use of the app. You shall not have any rights to assign, transfer, or convey this agreement to any third party.
DISCLAIMER:
Upper East Care LLC makes no representations of any kind regarding the content of the app. The App's information is provided "AS IS" with no warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, which are expressly waived.
Upper East Care LLC, its members, Directors, agents and employees, will not be liable for any loss or damages of any kind arising from the use of, or inability to use, the App, its content or its services, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special, consequential or exemplary damages, lost profits, lost sales or business, anticipated revenue, interest, expenditures, investments or commitments in connection with any business, loss of goodwill, loss of use, or other such claims arising from any causes whatsoever, irrespective of whether Upper East Care LLC had been informed of, knew of, or should have known of the likelihood of such damages, claims or losses. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. You agree to bear the entire risk as to the quality, accuracy, or performance of the app, its content, and its services.
You further expressly agree to indemnify and hold Upper East Care LLC and its members, employees, directors, officers, agents, assigns, affiliates, and/or content providers harmless from and against any and all liability and expenses, including reasonable defence costs and legal fees, caused by your use of the App or its services, or the dissemination and/or possession of any content you received via your use of the App.
NOTICE FOR CALIFORNIA USERS:
Under California Civil Code Section 1789.3, California users of the app are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The app is operated by Upper East Care LLC, P.O. Box 746, Woodburn, OR 97071, (971) 444-5601.
TERMINATION:
Upper East Care LLC shall have the right, in its sole discretion, to terminate your access to and use of the app if you are found to have used the app in a manner inconsistent with these terms. In addition, Upper East Care LLC may change, suspend, or discontinue all or any aspect of the app, including its availability, at any time and may suspend or terminate your use of the app at any time and for any reason.
GOVERNING LAW:
The app is created and controlled by Upper East Care LLC in the State of Oregon, USA. As such, the laws of the State of Oregon shall govern all matters arising from or relating to the use and operation of the app and the interpretation of the terms and conditions contained herein, without giving effect to any conflicts of laws principles. In any dispute, venue and jurisdiction shall reside in Marion County, Oregon.
MISCELLANEOUS:
Failure by Upper East Care LLC to insist upon strict performance of any part of these Terms, or delay in or failure to exercise any rights or remedies to which it is entitled, shall not constitute a waiver of such rights or remedies, nor shall termination of these Terms by Upper East Care LLC operate as a waiver of any of its terms. Any express waiver of any breach of these terms by Upper East Care LLC does not constitute a waiver of any subsequent breach of these terms. Waivers shall only be valid if recorded in writing and signed by Upper East Care LLC. If any provision of these Terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as if these Terms had been executed without the invalid, illegal, or unenforceable provision.
The provisions of the Warranty and Disclaimer section above, including, without limitation, all provisions pertaining to liability and indemnity, as well as any other paragraphs that are necessary to give effect to that section, shall survive the termination of these Terms.
ENTIRE AGREEMENT:
These Terms and all documents referred to herein constitute the entire agreement between you and Upper East Care LLC and govern your use of the App, superseding any prior agreements between you and Upper East Care LLC governing your use of the App.
