UJATcare.com Inc.Scope of WorkWebsite Building Services Terms of Use

4 Privacy

1. Certain parts of the UJATcare.com Inc Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the UJATcare.com Inc Services, UJATcare.com Inc and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the UJATcare.com Inc Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5 Service(s) and Fees

1. 5.1 Paid Subscriptions.

2. Home Care Businesses User may subscribe to the Services, and UJATcare.com shall provide the Services and hereby grants the User a non-exclusive, non-transferable, revocable worldwide right to use the UJATcare.com Inc Services subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by UJATcare.com Inc.

3. 5.2 Free Trial.

   UJATcare.com may make one or more Services available to Home Care Business Users on a trial basis free of charge as set forth in the on-line Order Form. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY COMPANY OR USER DATA ENTERED INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU DURING THE FREE TRIAL WILL BE PERMANENTLY LOST UNLESS AT THE END OF THE FREE TRIAL PERIOD YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL. DURING THE FREE TRIAL OR ANY BETA TRIAL THE SERVICE(S) ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

4. 5.3 Term of Purchased User Subscriptions.

   User subscriptions purchased by Home Care Business Users commence on the date when you first registered for the Services offered by UJATcare.com Inc and continue until the earlier of cancellation or termination of the subscription. For purposes of billing, User subscriptions will be calculated toward the Service Fee calculation for the billing period immediately following any given month in which the User subscription was activated, either partially or fully, regardless of when during the preceding month a User subscription is activated or terminated.

5. 5.4 Provision of Services.

   UJATcare.com Inc shall make the Services available to Home Care Business Account Users pursuant to this Agreement and the relevant Order Forms during a subscription term, [see hppts://ujatcare.com/pricing as specified in the Order Form. Each Home Care Business Account User agrees that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by UJATcare.com Inc regarding future functionality or features.

6. 5.5 Users.

   Unless otherwise specified in the applicable Order Form, Services are purchased pursuant to a Home Care Business Account User subscription and may be accessed by Users that register for the Services and agree to the Terms of Use, as amended from time to time.

7. 5.6 Changes to Services.

   UJATcare.com Inc may modify the Services from time to time in it’s sole discretion, provided that UJATcare.com Inc shall make commercially reasonable efforts to ensure that such modifications shall not materially diminish the functionality of the Services

8. 5.7 Services Availability.

   UJATcare.com Inc shall use commercially reasonable efforts to (i) make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond its reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays, and (ii) provide the Services only in accordance with applicable laws and government regulations.

9. 5.8 Usage Limitations.

   UJATcare.com Inc. Home Care Business Service Subscriptions may be subject to other limitations, such as, for example:

   • limits on disk storage space;
   • on the number of users;
   • on the number of calls Home Care Business User Account is permitted to make against a UJATcare.com application programming interface (“API”);
   • the number of page views of the Home Care Business WebPlatform(s);
   • Additional limitations may apply in UJATCare.com Inc’s sole discretion based on the availability of third-party data storage and server hosting services;

10. 5.9 Technical and Customer Support.

    UJATcare.com shall provide technical and customer support only as set forth in Exhibit B attached hereto and incorporated herein.

11. 5.10 Fees

12. The use of certain UJATcare.com Inc Services may be subject to payment of particular fees, as determined by UJATcare.com Inc in its sole discretion (“Paid Services” and “Fee(s)”, respectively). UJATcare.com Inc will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

13. UJATcare.com Inc reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, UJATcare.com Inc shall have the right to automatically and without notice renew your subscription to such UJATcare.com Inc Service(s) at the full applicable Fee.

14. All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by UJATcare.com Inc. To the extent permitted by law (and unless specified otherwise by UJATcare.com Inc in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the UJATcare.com Inc Services, or to any payments or purchases made by you. If UJATcare.com Inc is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). UJATcare.com Inc is not responsible for any such additional fees or costs.

15. As part of registering or submitting information to receive Paid Services, you also authorize UJATcare.com Inc (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries UJATcare.com Inc or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

16. You must keep a credit card stored with a UJATcare.com Inc or a designated secure 3rd party provider to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

17. 5.12 Subscription Auto-Renewals

18. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, UJATcare.com Inc will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, UJATcare.com Inc will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

19. By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

20. You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting UJATcare.com Inc Help Center.

21. Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the UJATcare.com Inc Services you use (whether or not such UJATcare.com Inc Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any UJATcare.com Inc Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any UJATcare.com Inc Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against UJATcare.com Inc in relation to the discontinuation of any UJATcare.com Inc Services or Third Party Services, for whatever reason.

22. 5.13 Money-Back Guarantee

23. Refunds are applicable only to the initial purchase of UJATcare.com Inc services which is an upgrading of a free website by purchasing a Subscription Plan (as offered on the UJATcare.com Inc Website https://ujatcare.com/pricing). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of UJATcare.com Inc Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If UJATcare.com Inc receives such notice within such Refund Period, UJATcare.com Inc will refund to you the amount UJATcare.com Inc charged you for such UJATcare.com Inc Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. UJATcare.com Inc will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any UJATcare.com Inc Services actually received, as permitted by law.

24. Please note: Certain services purchased on or through the UJATcare.com Inc Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the UJATcare.com Inc Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. UJATcare.com Inc will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.

25. 5.14 Chargebacks

    If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your UJATcare.com Inc account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the UJATcare.com Inc Services may be automatically disabled or terminated.

26. In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

27. Your use of the UJATcare.com Inc Services will not resume until you re-subscribe for any such UJATcare.com Inc Services, and pay any applicable Fees in full, including any fees and expenses incurred by UJATcare.com Inc and/or any Third Party Services for each Chargeback received (including Fees for UJATcare.com Inc Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

28. If you have any questions or concerns regarding a payment made to UJATcare.com Inc, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the UJATcare.com Inc Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the UJATcare.com Inc Services purchased (and charged-back) by you.

29. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

30. Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

31. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

6 Cancellation

1. 6.1 Cancellation by Use

3. You may discontinue the use and request to cancel your Home Care Business User Account subscription and/or any UJATcare.com Inc services at any time, in accordance with the instructions available on the UJATcare.com Inc support. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the UJATcare.com Inc, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

4. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

5. 6.2 Cancellation by UJATcare.com Inc

   Failure to comply with any of the UJATcare.com Inc Terms and/or to pay any due Fee shall entitle UJATcare.com Inc to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related UJATcare.com Inc Services (e.g., Paid Services) or Third Party Services to you.

6. 6.3 Loss of Data, Content and Capacity

   If your User Account or any UJATcare.com Inc Services or Third Party Services related to your User Account are canceled (whether at your request or at UJATcare.com Inc’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). UJATcare.com Inc shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any UJATcare.com Inc Services following their cancellation, as determined by UJATcare.com Inc in its sole discretion.

7 Appointments and E-Commerce

2. UJATcare.com Inc services to Home Care businesses can also include certain features which enable you to schedule appointments, collect applications, and accept payment for services or goods through your User WebPlatform (“User Products”, and collectively – “E-Commerce”). You are solely responsible for these activities and any promotions and related Content contained or referred to in your User WebPlatform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your appointments, online payments, client accounts and online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User servers or products.

3. By using any of our E-Commerce features, you acknowledge, warrant and agree that:

5. a.) You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User services or products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;

6. b.) Any Taxes indicated by the E-Commerce features provided to you by UJATcare.com Inc are solely provided for illustration purposes only, and may not be relied on in any way;

7. c.) You shall be responsible for and bear all costs of procuring and delivering your User Services and Products, and for providing them in a safe and professional manner, consistent with home health care industry standards;

8. d.)You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Services and Products, and shall provide true contact information on your User WebPlatform for any questions, complaints or claims; and

9. You may not offer or sell any User Services or Products, or provide any information, Content or material regarding User Services or Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

10. UJATcare.com Inc may, at any time and at its sole discretion, suspend, disable access to or remove your User WebPlatform and/or any User Services or Products - whether or not incorporated, published with or made a part of your User WebPlatform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

Video Services

1. As part of the UJATcare.com Inc Services, UJATcare.com Inc may provide video services such as:

3. The UJATcare.com Inc Home Care Business Video Endorse Me Application for managing Client, Patient, Employee and Caregiver Video profiles, testimonials and as a social media marketing services and for managing videos on YouTube and your User Home Care Business WebPlatform(s) (the "Video Services");

4. The UJATcare.com Inc. Home Care Business Telemedicine Electronic Visit Verification [EVV} Application for managing video and imagery streams with embedded biometric data for monitoring, among other things, wound care, patient physical and mental progress and real time video stream communication to qualified experts, (the "Video Services");

5. The use of the home healthcare video services for your User WebPlatform, may require that you receive a license to use certain patents and it is your own exclusive responsibility to decide whether your activity requires a License and to obtain it.

6. In addition to the aforesaid Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold UJATcare.com Inc its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of any patent pool or patient healthcare data collected by you, your employees, caregivers and clients.

9. Third Party Services

1. UJATcare.com Inc NEXTGen Home Care Business Management Suite and Services enable you to engage and procure certain third party services, products and tools for enhancing your User Home Care Business WebPlatform and your overall user experience, including, without limitation, domain registrars for the domain name for your User Website [WebPlatform], third Page 18 of 26 party applications and widgets offered via the UJATcare.com Inc (including the UJATcare.com Inc Market Place), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User WebPlatform, etc. (collectively, “Third Party Services”).

2. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain UJATcare.com Inc Services, offered separately by UJATcare.com Inc or persons certified or authorized by UJATcare.com Inc, or otherwise offered anywhere on the UJATcare.com Inc Services), UJATcare.com Inc merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. UJATcare.com Inc will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

3. You acknowledge that such services may require the payment of additional amounts to UJATcare.com Inc and/or to the providers of such Third-Party Services.

4. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

5. While we hope to avoid such instances, UJATcare.com Inc may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the UJATcare.com Inc Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

10 Misconduct and Copyrights

1. 10.1 Misconduct and Abuse

   1. When using the UJATcare.com Inc Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against UJATcare.com Inc with respect thereto.

   2. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the UJATcare.com Inc Services, please immediately report such User and/or Third Party Service to us via support@ujatcare.com. You agree that your report shall not impose any responsibility or liability upon UJATcare.com Inc, and that UJATcare.com Inc may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

10.2 CopyrightsY

1. UJATcare.com Inc acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit UJATcare.com Inc to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. UJATcare.com Inc’s Copyright Agent can be reached at the following address:

   UJATcare.com Inc. 24301 Walden Center DR.
   Suite 300, Bonita Springs,
   FL34134USA
   Attn: Copyright Agent
   

2. In the event that UJATcare.com Inc receives notice regarding a copyright infringement related to your Home Care Business User WebPlatform, it may cancel your User Account, take your Home Care Business Website and Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section may be deemed accepted, applicable and compliant with the DMCA, or not, at UJATcare.com Inc’s sole reasonable discretion. UJATcare.com Inc reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

11 Disclaimer of Warranties

1. 1. We provide the UJATcare.com Inc Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of Home Care Business Account Users ability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the UJATcare.com Inc Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the UJATcare.com Inc Services – so please be sure to verify those before using or otherwise engaging them.

   2. UJATcare.com Inc may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

   3. Notwithstanding anything to the contrary in the foregoing, in no circumstances may UJATcare.com Inc be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the UJATcare.com Inc Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, UJATcare.com Inc shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

   4. You acknowledge that there are risks in using the UJATcare.com Inc Services and/or connecting and/or dealing with any Third Party Services through or in connection with UJATcare.com Inc Services, and that UJATcare.com Inc cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

   5. UJATcare.com Inc shall not bear any security or integrity obligations or risks regarding breach or damage to any content or data.

   6. Please note that certain UJATcare.com Inc Services are currently offered in their BETA version and undergoing BETA testing and that you acknowledge having read, and having been incorporated by reference in its entirety herein, the UJATcare.com Insider BETA Program Terms found at https://ujatcare.com/legal/android-beta-solution. You understand and agree that certain UJATcare.com Inc Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the UJATcare.com Inc Services at this BETA stage signifies your agreement to participate in such UJATcare.com Inc Services’ BETA testing. Please read our BETA

12 Limitation of Liability

1. To the fullest extent permitted by law in each applicable jurisdiction, UJATcare.com Inc, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the UJATcare.com Inc Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the UJATcare.com Inc Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the UJATcare.com Inc Services; (6) events beyond the reasonable control of UJATcare.com Inc, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of UJATcare.com Inc Services.

2. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for UJATcare.com Inc’s services to you, and such limitations will apply even if UJATcare.com Inc has been advised of the possibility of such liabilities.

13 Indemnity

You agree to defend, indemnify and hold harmless UJATcare.com Inc, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other UJATcare.com Inc Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the UJATcare.com Inc Services, including, without limitation, UJATcare.com Inc Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

14 General

14.1 Changes & Updates

1. UJATcare.com Inc reserves the right to change, suspend or terminate any of the UJATcare.com Inc Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the UJATcare.com Inc Services (including removal of any materials created by you in connection with the UJATcare.com Inc Services) for any reason and/or change any of the UJATcare.com Inc Terms with or without prior notice - at any time and in any manner.

2. You agree that UJATcare.com Inc will not be liable to you or to any third party for any modification, suspension or discontinuance of those UJATcare.com Inc Services.

3. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current UJATcare.com Inc Services without enabling such changes, or provide you with alternative Services.

15 Governing Law & Jurisdiction; Class Action Waiver

1. The UJATcare.com Inc Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the UJATcare.com Inc Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the UJATcare.com Inc Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Florida, United States, without respect to its conflict of laws principles.

2. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the State of Florida.

3. Subject to any applicable law, all disputes between you and UJATcare.com Inc shall only be resolved on an individual basis and you shall not have the right to bring any claim against UJATcare.com Inc as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

4. These terms and our relationship shall be governed by the laws of the United States and the State of Florida. Any disputes between us may only be brought before the state or district courts of Lee County, Florida.

16 Notices

We may provide you with notices in any of the following methods: (1) via the UJATcare.com Inc Services, including by a banner or pop-up within the UJATcare.com Inc Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. UJATcare.com Inc’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

17 Relationship

The UJATcare.com Inc Terms, and your use of the UJATcare.com Inc Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between UJATcare.com Inc and you.

18 Entire Agreement

These Terms of Use, together with the UJATcare.com Inc Terms and any other legal or fee notices provided to you by UJATcare.com Inc, shall constitute the entire agreement between you and UJATcare.com Inc concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between UJATcare.com Inc and you, including those made by or between any of our respective representatives, with respect to any of the UJATcare.com Inc Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of UJATcare.com Inc in entering into any of the UJATcare.com Inc Terms.

19 Assignment

UJATcare.com Inc may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the UJATcare.com Inc Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of UJATcare.com Inc. Any attempted or actual assignment thereof without UJATcare.com Inc’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to these Terms shall not in itself grant either UJATcare.com Inc or you the right to cancel any UJATcare.com Inc Services or Third Party Services then in effect.

20 Severability & Waivers

If any provision of the UJATcare.com Inc Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the UJATcare.com Inc Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

21 Interpretation

These Terms of Use were written in English.

22 Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

1 Go to UJATcare.com Inc Help Center in your UJATcare.com User account;

2 Send an email message to support@ujatcare.com

23 UJAT WEBSITE DESIGN SCOPE

23.1 What You Get

Ujatcare.com Inc offers paid memberships to home care businesses owners, independent home healthcare professionals and consultants, payors, patients, clients and their families. Pricing for these paid member subscriptions and features can be found at https://ujatcare.com/pricing . The building of a WebPlatform or Website is included only as a part of the UJATcare.com Inc “Pay when you grow – Entrepreneurs – For Startups” member subscription hereinafter “Startups”.

23.2 Included Websites for Startups

1. UJATcare.com Inc, will provide to Startup subscribers a home care business or caregiver WebPlatform, also referred as a "website" or "online storefront" at no charge.

2. The technology platforms to be used for the building of the Startup Website is solely at the discretion of the Company. The goal of this digital storefront is to provide the client with an online presence and to provide current and prospective customers with vital information about the client’s business operations.

3. Completion of your Startup Home Care business digital storefront is highly dependent on you, the client, to provide content and other information to the Company in a timely manner. The Company is not responsible for delays as a result of you, the client, failing to provide information requested from you by Company technical, marketing or other support staff.

4. You the Client will be provided a link from which you may choose an available TLD or "top level domain" name. Domain names should be short. The Company shall then purchase the said domain for the purpose of services to be provided to you the Client and the Purchase will be made in the name and under the Ownership of UJATCare.com Inc. exclusively with all the Ownership Rights including Transfer Rights reserved to UJATCare.com Inc. All later domain renewal fees for the TLD, when part of a Website hosted on UJATcare.com Inc servers, is included as a part of your UJATcare.com membership subscription. All domain purchases and transfers of domain ownership are governed by the Domain Registration Agreement.

5. You, the client will be provided a link to an online web service where you may view sample Agency Digital Storefront as have been developed by the Company. You will have the opportunity to select one Digital Storefront and a TLD domain. The selected digital storefront will have the number of pages as specified on the Company’s list of available "digital storefronts" or "themes" and as may be offered from time to time by the Company and ordered by you, the Client.

6. If You the Client already have purchased a TLD, then to accommodate our technology and services you the Client must agree to the transfer of that TLD to Company hosting services. The Company is not under any obligation to provide or support its email services technology, search engine and social media marketing support or other related services if you, the Client, host your domain on another hosting service. You the Client are responsible to manage the domain transfer process.

7. After selecting a digital storefront theme, you the Client must complete information forms with all the content to be included in your Agency website. You may select a Digital Storefront where you, the Client, are required to submit to Company technicians using the Company support ticket system any new textual content as a text file and conforming to the technical specifications of the Storefront or you may choose to use the default content provided with the storefront. Company technicians will make modifications to the default content;

   a) only to the extent of the information as provided by you when completing the information form(s);

   b) will only replace “blocks” of the default content when provided the full replacement text;

8. 8 Company technicians are not responsible to and will not;

   a) Proofread Your website content for spelling or grammatical errors;

   b) Ensure the factual accuracy of any Website content;

   c) Make minor editorial changes within the Website content, technicians will replace only blocks of content;

   d) Accept requests for website changes when not submitted in the correct format;

9. You the Client may accept those default images included as part of the Agency Storefront theme you have selected. These images are licensed to the Company and cannot be copied, downloaded and used elsewhere without our express consent.

10. If you the Client desires the development of custom written content or assistance in proofreading of any website content the Company, the UJATcare.com will provide these services to you for a fee. UJATcare.com contracts the services of professional writers, proofreaders and a graphics artist to design and digitally market your website. Fees vary according to your requirements.

11. You the Client are responsible to provide text, images and other content in the form requested by Company technical support staff members. The Company is not required and will not accept materials from you the Client except in the specifications we have requested.

12. You the Client must provide a logo with the artist graphic file attached to the form sent to the Company website builders. Logo graphics you provide must be made available to the Company in a compatible technology. This includes providing your Company Logo as an *.ai | Adobe illustrator file or *.png | portable networks graphics file. If you the Client do not have a logo the Company can assist you in securing a graphics artist to design your logo. There is a fee. And fees vary according to your requirements.

13. You the Client may provide your own images | photos so long as you have proof to the right of use or own or license the copyright. Any images files you the Client provide must be according to the dimensions, file types and sizes as may be required by the theme you have selected. You the Client may accept those default images included as part of the Agency theme you have selected.

14. The Company will then create your company digital storefront from the theme you the Client selected and from (1) the content and images you the client submitted; or (2) the default content using the graphics included in the design of the theme chosen by the client.

15. The created digital storefront or website will work in all Grade-A browsers. It may operate on mobile devices, depending on the theme chosen.

16. The Company will also provide you the Client with a web hosting and other services identified when ordering a digital storefront. These services are provided as a part of and according to your UJATcare.com member subscription and published on https://ujatcare.com/pricing and as changed from time to time.

17. You, the Client, are responsible for paying for, renewing or canceling your member subscription according to a fee schedule as published by the Company on https://ujatcare.com/pricing .

18. The Company, at its discretion, may suspend, terminate and delete all content found on any Company hosting service, including emails, if you, the Client, fail to renew and pay for the services in a timely manner.

19. You the client will be provided a certain number of technical support hours to make improvements to your Website. With this Agreement you the Client acknowledge that after exhausting these hours there will be a FEE for any additional changes to the default appearance of the chosen digital storefront theme. That FEE will be established per hour or per item and announced from time to time and published at the discretion of the Company.

24 Calculations of time.

1. The "term of service" starts from the day the service is made available to you the Client, and not from when you, the Client, first begin to use the service. The obligation of the Company is to make the service available to you the client and to execute those tasks required under the terms of service or product sold.

2. The Time to "Reply" to you the Client after submitting a support request is 72 hours during a working week.

3. The time to "Complete a Task" properly submitted as a Support Request is 5 working day not including the day the task was submitted

4. With this Agreement you the Client acknowledges having read and understood the terms and conditions that follow.

25 Availability

Pages describing UJATcare.com Inc services are accessible worldwide, but this does not mean all Services or service features are available, or that user-generated content available via the Services is legal in your state or country. We may block access to certain Services (or certain service features or content) in certain states or countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

26 Additional Terms

Some Services or Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Software, SDK, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.

27 Modification

We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable efforts to notify you before we make the change. We will also allow you a reasonable time to download your content. The terms of this Agreement expire 30 days after being submitted to the Client. If this Agreement expires, the Company may modify the Scope of Work.