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TERMS OF USE

Welcome to our website (the “Site”). These Terms of Use (“Terms” or “Terms of Use”) form a legal agreement between you, the end user of the Site and Royal Care Certified Home Health Care, LLC, Emerest Certified Home Health Care of NY LLC dba Royal Care Certified Home Health Care of NY, or Emerest Certified Home Health Care of South Jersey LLC dba Moorestown Visiting Nurse Association, as applicable (we” and “us”), and related websites, applications, and services that link to these Terms. These Terms govern your access to and use of the Site including but not limited to the use of interactive features, blogs, posts, plug-ins, portals, applications, content, downloads and/or other online or mobile services (“Service”). These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Site.

IF YOU WANT TO ACCESS OR USE THE SERVICE, THEN CAREFULLY READ THESE ENTIRE TERMS (INCLUDING ALL LINKS TO DETAILS AND PORTAL TERMS OF USE), AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND US AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. EACH TIME YOU ACCESS AND/OR USE THE SERVICE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS THEN POSTED. THEREFORE, DO NOT USE THE SERVICE IF YOU DO NOT AGREE. IN THE EVENT OF A VIOLATION OF THESE TERMS, WE RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

A. Scope of License.

We grant you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site, the Service and features provided herein solely in connection with the purposes for which the Site and its features were designed. You agree that all features of the Site may not work well or at all on any particular device or computer. The Site, the Service and features provided herein are the sole and exclusive property of us or our licensor, as applicable.

B. Member Accounts and Logins.

Certain features and areas of our Site are available only to caregivers or healthcare professionals with a valid registration and login. You are responsible for creating account login details (“Login Information”) that are unique and secure, including a password that with sufficiently complexity that it cannot be easily guessed, cracked or hacked, and you must keep your Login Information confidential. You may not allow any third party to use your Login Information under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Information. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Information, or otherwise wish to deactivate your Login Information due to security concerns.

You will at all times provide and maintain true, accurate, current, authorized, and complete information for your account when submitting information or materials on our Site, to us directly in person and/or through email. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, we reserve the right to terminate your access and use of the Site. These Terms permit you to use the Site for your personal, non-commercial use only. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any unauthorized revenue-generating endeavor or commercial enterprise. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (2) You may store files that are automatically cached by your web browser for display enhancement purposes, and (3) You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (1) Modify copies of any materials from the Site, (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE FOR HARM; LOSS; THEFT (INCLUDING IDENTITY THEFT); REPUTATIONAL DAMAGE OR EMBARRASSMENT; UNAUTHORIZED USE, MODIFICATION OR DELETION OF YOUR INFORMATION OR DATA; OR ANY OTHER ADVERSE CONSEQUENCES YOU MAY SUFFER AS A RESULT OF YOUR FAILURE TO PROPERLY SELECT AND SECURE YOUR LOGIN INFORMATION (INCLUDING PASSWORD) OR TO LOG OUT OF YOUR ACCOUNT ON PUBLIC OR SHARED DEVICES.

C. Confidentiality

To the extent applicable, you shall safeguard, protect, and hold in confidence all confidential materials made available to you on the Site. You may use the confidential materials solely for your individual informational purposes limited to the conduct of your professional activities and business. You shall not use the confidential materials for any other purpose (including without limitation any purpose competitive with our business) or disclose them to any party.

D. Information That You Provide

We value the privacy of your information and comply with applicable privacy laws in processing the information you provide us. Our Site may include functionality that permits you to communicate with us, track, collect or send us information. For example, you may ask questions, submit job application, schedule an appointment, or use other interactive features. Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, company name, and technical information provided by your device such as IP address) in accordance to our Privacy Policy https://www.emerest.com/certified/policy. We may also use this information to respond to your request or communication, improve our Site and services, comply with law, create aggregated or statistical data, and for other purposes.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You also consent to receive electronic communications from us, and you agree that all notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. You may receive notifications, alerts, emails, text messages, or other types of messages regarding the Service. These may include but not limited to, request, status, and receipt of appointment confirmations, which are not subject to opt-out although we may permit you to choose the manner in which we communicate these to you. We may also email you promotional or marketing materials. You may opt out using the process described in the Privacy Policy, available from https://www.emerest.com/certified/policy. The Privacy Policy governs how we use your contact information and may provide you with additional rights and information. Residents of specific States should review the State-specific disclosures and information in the Privacy Policy.

You hereby agree that if you provide your mobile phone number, then you agree that this constitutes your consent to receive SMS text messages relating to our relationship with you, including messages about the services we provide, updates on your account, and other matters. If you provide us the phone number or other contact information other than yourself, then you declare that you have permission to provide us that information, and you will indemnify and defend usfrom all claims, liabilities, losses and expenses (including attorney’s fees) that we suffer or incur as a result. You acknowledge that your wireless or mobile carrier may assess extra charges and fees for use of SMS texting. This section only applies to general visitors to our website and it may not apply to you if we have a separate contractual relationship with you or your organization.

E. Your Obligations; Restrictions.

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with our operation and management of the Site.

You shall not do any of the following, which are all deemed material breaches of these Terms and of your license to use the Site and Services: (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content in a manner that would substitute for the Site and our offerings; (4) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or any website, application or service organized or provided by us or existing on any of our network hardware or infrastructure; (7) use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (8) commit trespass or act in a manner that overburdens the capacity of our networks or servers; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10) provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; or (12) create any apps, extensions or other products or services that use our content without our permission

Any attempt to do any of the foregoing is a breach of these Terms and will subject you to all remedies available to us, our service providers and our licensors under the law. Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse. If you breach any of these restrictions, you may be subject to prosecution and damages.

F. Third Party Content, Services and Links.

The Site may (1) enable your access to websites, platforms or services (including social media platforms) created or provided by third parties, (2) display or otherwise make available content, data, blogs, articles, posts, information, applications, advertisements or materials from third parties, and (3) provide hyperlinks to certain third party web sites (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided. We do not create, endorse, sponsor, recommend, suggest, or have any responsibility for any Third Party Materials or any products or services depicted therein. You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials or any statements made therein. Be aware of and read all third party terms and privacy policies whenever you leave the Site. WE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS. WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.

Although we do not intend for the Site to contain objectionable content, you understand and acknowledge that by using any of the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that we do not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

We are not be obligated to correct or update the Site or its content, and we are not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.

No Medical Advice; Not a Medical App

The Site does not provide any medical advice or any medical services to you or anyone. Any patient treatment provided or received by you is wholly separate from the Site. If you require emergency or routine health services, then please contact your normal health care provider directly for professional evaluation and care. The Site is not a medical app, medical service, or medical device. You acknowledge and agree that the Site is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. You agree that we have no responsibility for patient care, and that you and your medical provider are solely responsible for medical decision-making and care. We are solely providing the Site as a communication tool for your use and is not providing medical care in any way. If you are a healthcare provider, you further agree that your clinical judgments are based on your own medical expertise and shall not be determined in any way by the Site or any content contained therein. ALL INFORMATION AVAILABLE FROM THE SITE ON MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from your selected physician or another member of your care team.

While we hope that the information provided to you through the Site is accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information. If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information.

General Health Advice

Any health advice published on the Site is provided solely for informational purposes as a public service to promote health. It is not meant to provide medical advice tailored to you in any way. It does not constitute medical advice and is not a substitute for proper medical care provided by a physician. We assume no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the Site. Always consult with your health care professional for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis.

Discussion Features

Use of any Site features allowing you to participate in any blogs, threaded discussions, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”) are conditioned on your compliance with these Terms of Use. We reserve all discretion to determine what content violates its Terms of Use, and such content may be removed without notice or liability to you or anyone else. You hereby grant us a nonexclusive, perpetual, irrevocable, worldwide license to reproduce, publicly display, publicly perform, retransmit, and exploit in any other manner your Contributions, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. We do not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. We own all right, title, and interest in any compilation, collective work or other derivative work created by us using or incorporating content posted to the Site.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change or remove any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
  • Subject to the absolute restrictions set forth above on the submission of any personally identifiable or protected health information, you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
  • Your Contributions do not disclose any information that may compromise your personal safety, including your name, phone number, social security number, health information, or any other personally identifying information
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not unlawful, obscene, lewd, lascivious, filthy, violent, threatening, harassing, defamatory, libelous, slanderous, hateful or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person, class of people or entity.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and legal action by us.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

You further agree and acknowledge that the App Distributor may require you to register an account with them before you can download the Application. You agree that this account is entirely separate from your account with us. For example, you may need a Google or Apple account in order to download and install the mobile application onto your Android or iOS device. The App Distributor may require you to submit or make available your personal and/or device information, or to permit the App Distributor to access such information from your device or account, as a condition of using the mobile application. If Google, Apple or other party provides us with information collection from your device, then we may use this information for any of our legitimate business purposes. You acknowledge and agree that we have no control or responsibility over your relationship with your mobile platform provider and will not be responsible for any third party terms or actions. You further agree not to hold us responsible in any way for the acts of your mobile platform provider, including their use of any of your personal information, or if they suspend, disable or terminate your ability to use the mobile application. You agree to comply with all terms and conditions of your mobile platform provider whenever you download or use the mobile version of the Application. If applicable under the terms of a mobile computing platform, these terms are a “custom end user license agreement” governing your use of the Application.

G. Suspension; Termination.

We reserve the right to change, suspend, remove, disable or terminate access to the Site or any portion if it at any time without notice, for any or no reason, and with no liability or responsibility to you. We may also impose limits on the use of or access to the Site, in any case and without notice or liability. These Terms and your license to use the Site are effective until terminated by you or us. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Site. If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically and without any notice from us, and your continued use after termination exposes you to legal liability to us, which we may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Site.

H. Internet Disclaimer.

Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. We do not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network.

I. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY DISCLAIM ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF NON‑INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, OF ABILITY TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY. Certain jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

J. LIMITATION OF LIABILITY

IN NO EVENT ARE WE, ITS AFFILIATES, SUBSIDIARIES, PARENT ENTITY(IES), DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, STAFF, AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY THE “ROYAL CARE PARTIES”) BE LIABLE FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE HAVE NO (ZERO) LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE. Certain jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so these limitations may not apply to you.

You agree to indemnify, defend and hold harmless us and the Royal Care Parties (defined above) from and against any and all claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by any Royal Care Party arising out of or relating to your use of the Site or your violation or breach of these Terms

K. Ownership.

The Site and its Contents are licensed and not sold or transferred. We reserve all rights not expressly granted to you by these Terms. The information, text, content, images, videos, data, look and feel, color scheme, logos, and all other material contained on the Site are subject to copyright, patent, trademark and other intangible rights protection. You may not use such material except as part of the Site and in accordance with these Terms. No portion of the Site may be reproduced in any form or by any means, except that you may use sharing features available from within the Site (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.

L. RESOLVING DISPUTES

If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all disputes can be resolved to your satisfaction by our customer service team, reachable by emailing info@royalcertified.nycor by calling 718-475-1000.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and we agree to resolve any claims relating to this Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the our website or services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or (212) 751-2700. To initiate arbitration, you or we must do the following things:

  • Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com
  • Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave Fl 34, New York, NY 10018.
  • Send one copy of the Demand for Arbitration to us.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in New York County, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at info@royalcertified.nyc and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Terms.

M. Governing Law.

The laws of the State of New York (other than rules that would apply the law of other states) govern these Terms and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue for any actions that you bring against us relating to your use of the Sites shall be the courts located in or having jurisdiction over New York County in the State of New York. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. UNLESS PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST US WITH THE CLAIMS OF THIRD PARTIES.

N. Amendments

We may make changes to these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms of Use, which will always be located on the Site, will govern our relationship with you. If we make material changes to this policy, we will try to notify you either by prominently posting a notice of such changes or by directly sending you a notification an email to the email associated with your account. Your continued use of the Site constitutes your acceptance of any such revisions. You should periodically visit this page to review the current Terms of Use.

O. Legal

DMCA.

We respect the intellectual property of others. As part of that commitment, we follow the procedures set forth in the DMCA (Digital Millennium Copyright Act) regarding handling of infringing material on the Site. Our DMCA Designated Agent may be contacted by Mail at 30-50 Whitestone Expressway, Suite 304 Flushing, NY 11354 or by E-mail at info@royalcertified.nyc.

Takedown Notice: If you believe your work has been reproduced on the Site in a way that constitutes copyright infringement, you may notify our Designated Agent. Provide the following information for your notice to be valid:

  • Identification of the copyrighted work that you claim has been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at the site;
  • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
  • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
  • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

If you believe that a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the same Designated Agent above. A valid counter-notification includes the following elements:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.

We may require receipt of your signed statement before we initiate any investigation. This section is not legal advice and we recommend that you seek independent legal counsel before filing a notification or a counter-notification. For further information about the DMCA, please visit the Copyright Office website at http://www.copyright.gov.

Injunctive and Other Remedies

You acknowledge that any violation of these Terms could result in irreparable harm to us, the damages for which are incalculable. You agree that in the case of such a breach, we have every remedy available at law, including immediate injunctive relief.

Waiver

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254

Contact

If you have questions, complaints or requests regarding these Terms, you may direct them to us by writing to us at 30-50 Whitestone Expressway, Suite 304, Flushing, NY 11354 or calling our corporate office at 718-475-1000. These Terms may not be copied, modified or adapted without our prior written consent.

Last updated: March 25, 2025