Terms Of Services & Conditions Of Use

IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE, ACCESSING, OR USING OUR WEBSITE. REFUND POLICY: We are committed to creating the best training and support in the elderly care investing industry and we want our students to get valuable, actionable content to achieve success. Therefore, we have a 90 day guarantee. The terms of this guarantee are as follows for the digital version of the product: If you have used your RCG business kit, studied through at least module 3 and/or used your free RCG consultation, you are not eligible for a refund because you have consumed enough of the material and we have invested our time into helping you. But if you NEVER used your consulting call, and you have NOT watched past module 2, you are eligible for a refund. Feel free to contact us with any questions by sending an email to support@residentialcaregateway.com or calling our secure voicemail line at (916) 905-6918.

For the physical product, the terms are the same, except if you return the product in bad condition, we will deduct a $150 fee for replacing the materials. Please send the physical product to our return address (please email support to confirm return address):

RCG Product Fulfillment
326 Main Ave S
Magee, MS 39111

The rest of our Terms and Conditions are as follows and include a non-compete agreement, which means you will not steal our information and give it away or sell it as your own. This does NOT mean you can't open an RCFE in the same city as us. We have no problem with that because the need is everywhere. In fact, we have several students who opened up homes in the exact same city as us and we're all filled up at capacity and get along great. Now, the legal stuff: By making a purchase and using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully. THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR (“YOU”) USE OF residentialcaregateway.com (and other “internal” or “subdomain” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog), an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our “Website” or “Site”). THIS SITE IS PROVIDED BY Upleapp, LLC and Residential Care Gateway (RCG) (hereinafter referred to as our “Company”). BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. Use of Service IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES. OUR WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Earnings Disclaimer, Anti-Spam Policy, and FTC Compliance Policy. You agree to obey all applicable laws and regulations regarding your use of our mapsmagic.com, simplepressrelease.com, pressreleasebootcamp.com, newswire.net website (and other “internal” or “subdomain” websites) and the content and materials provided in it. Third Party Notice: You understand, acknowledge, and accept the fact that, unless explicitly stated, our Company is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should not assume, even if a company name is in the website/domain name of this website, that there is an express, implied or otherwise agreement, joint venture, partnership, or other relationship between us as website proprietors and any of these companies that are discussed merely for educational or other purposes. You should assume no other party, by mere mention of their name, has endorsed anything you see here. In such cases the aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise. Children’s Privacy This Site is not intended for use by children under 18 years of age. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON. Registration To access this Site or use certain features of the Site, You will have to provide certain information and create a member or affiliate account (as applicable, an “Account”). This is a paid membership site. Your payments must be in good standing or your account will be terminated until payment is made. Any information You provide is subject to our Privacy Policy. In addition, in order to create an Account, You must read, understand and agree to the terms and conditions. It is a condition of Your use of the Site that all the information You provide is correct, current, and complete. If our Company believes the information You provide is not correct, current, or complete, our Company has the right to refuse You access to the Site or any of its resources, and to terminate or suspend Your access at any time, without notice. Proprietary Information The material and content (hereinafter referred to as the “Content”) accessible from the Site, and any other World Wide Site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company (“Owner”), and our Company or the Owner retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that You may print out a copy of the Content solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these TOS violates our Company’s intellectual property rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under our Company’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, our Company may revoke any of the foregoing rights and/or Your access to the Site, or any part thereof, including the blocking of Your IP Address, at any time without prior notice. Restrictions On Use You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without the express prior written consent of our Company. For example, You may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, (iii) hyper-link to the Site, (iv) use any tradename, trademark, or brand name of our Company in metatags, keywords and/or hidden text, (v) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, or modify, translate, alter or create any derivative works thereof, except as permitted above, (vi) use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to our Company, the Owner, or any third party referenced therein, or (vii) use the Content, and/or any services and products on the Site or accessible via the Site for unlawful purposes, including, without limitation, for use in connection with any unlawful telemarketing campaign or practice. For purposes of these TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. Copyright Notice The following describes the Copyright Notice for our Website. The entire contents of our Upleapp, LLC and Residential Care Gateway (RCG) Website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our Website, and/or other third party licensors or related entities. You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of paid material on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material. You are granted a nonexclusive, nontransferable, revocable license to use our Website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download from Upleapp, LLC and Residential Care Gateway (RCG). Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls. Trademarks Website URLs, publications, products, logos, content or services referenced herein or on our Website are the exclusive trademarks or service marks of Upleapp, LLC and Residential Care Gateway (RCG) or related parties. Other product and company names mentioned in our Website may be the trademarks of their respective owners. Our Company and any party that provided trademarks, service marks, and logos to our Company retain all rights to their respective trademarks, service marks, and logos appearing in the Site. Disclaimer The following describes the Disclaimer for our Website(s). YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Our Company DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Our Company DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Our Company DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Our Company MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT our Company, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. Our Company MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN our Company HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM our Company, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. THE INFORMATION PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY AND our Company DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUBMISSIONS OR ANY HYPERLINKED SITE AND our Company WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM our Company THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF EARNINGS AS A RESULT OF THE PROGRAMS DESCRIBED IN THIS SITE OR THAT YOU WILL RECOUP ANY EXPENDITURES INCURRED BY YOU. THE OPINIONS, ESTIMATES, EXPECTATIONS, AND PROJECTIONS CONTAINED IN ANY DISSEMINATED INFORMATION ARE ACCURATE AS OF THE DATE OF RELEASE AND ARE SUBJECT TO CHANGE WITHOUT ADDITIONAL NOTICE. WE DO OUR BEST TO ENSURE THAT THE RESEARCH HAS BEEN COMPILED, OBTAINED, DISCERNED, OR INTERPOLATED FROM RELIABLE AND TRUSTWORTHY SOURCES, AND THEREFORE BELIEVE THE POSITIONS AND BELIEFS SHARED ARE ACCURATE AND COMPLETE, THOUGH OBVIOUSLY NOT ALL MATERIAL KNOWN OR OBTAINED WILL BE CONTAINED, AS DISTILLING INFORMATION INTO MANAGEABLE QUANTITY IS IN LARGE PART A GOAL. WE AT Upleapp, LLC and Residential Care Gateway (RCG) ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN ANY DISSEMINATED MATERIAL AND ARE NOT LIABLE FOR ANY LOSS INCURRED AS A RESULT OF USING THE MATERIAL IN ANY WAY. THE INTENT IS MERELY TO PROVIDE USEFUL INFORMATION, PRODUCTS, AND SERVICES, SOME OF WHICH WE MAY BE COMPENSATED FOR. THIS WEBSITE CONTAINS OR MAY CONTAIN “FORWARD LOOKING STATEMENTS” WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF1933 AND SECTION 21B OF THE SECURITIES EXCHANGE ACT OF1934. ANY STATEMENTS THAT EXPRESS OR INVOLVE DISCUSSIONS WITH RESPECT TO PREDICTIONS, EXPECTATIONS, BELIEFS, PLANS, PROJECTIONS, OBJECTIVES, GOALS, ASSUMPTIONS OR FUTURE EVENTS OR PERFORMANCE ARE NOT STATEMENTS OF HISTORICAL FACT AND MAY BE “FORWARD LOOKING STATEMENTS.” FORWARD LOOKING STATEMENTS ARE BASED ON EXPECTATIONS, ESTIMATES AND PROJECTIONS AT THE TIME THE STATEMENTS ARE MADE THAT INVOLVE A NUMBER OF RISKS AND UNCERTAINTIES WHICH COULD CAUSE ACTUAL RESULTS OR EVENTS TO DIFFER MATERIALLY FROM THOSE PRESENTLY ANTICIPATED. FORWARD LOOKING STATEMENTS IN THIS ACTION MAY BE IDENTIFIED THROUGH THE USE OF WORDS SUCH AS “EXPECTS”, “WILL,” “ANTICIPATES,” “ESTIMATES,” “BELIEVES,” OR STATEMENTS INDICATING CERTAIN ACTIONS “MAY,” “COULD,” OR “MIGHT” OCCUR. User Conduct Agreement As a user of our Website, you agree to use the products and services offered by our Website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. Our Website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other Upleapp, LLC and Residential Care Gateway (RCG) user from using the services of our Website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our Website. Links to Our Website You may provide links to our Website, provided you do not change, remove, or obscure the copyright notice or other notices on our Website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our Website immediately upon request by our Company. You may NOT load our website in whole or in any part using iFrames without written permission. Federal Trade Commission Compliance The following describes the Federal Trade Commission Compliance for our Website(s). We make every effort at candor regarding any products or services we use, recommend, or otherwise make mention of at Upleapp, LLC and Residential Care Gateway (RCG). We strive to clearly differentiate between our own products or services versus those of third parties, to facilitate inquiries, support, and customer care. Likewise, just as we (and any other legitimate business) may profit from the sale of our own products or services, we may also profit from the sale of others’ products or services (like any retailer) at our Website. Additionally, wherever products or services may give rise to income generation, we endeavor to provide realistic and factual data, but highlight the fact that the variables impacting results are so numerous and uncontrollable that no guarantees are in any way made. It is our goal to embrace the guidelines and requirements of the Federal Trade Commission (FTC) for the benefit of all, and with that in mind provide the following disclosures regarding compensation and disclaimer regarding earnings & income. Note that material connections may not be made known at every single advertisement or affiliate link. Thus, to be safe, you should always assume there is a material connection and that we may receive compensation in money or otherwise for anything you purchase as a result of visiting this website, and also that we may be paid merely by you clicking any link. Amazon.com One or more parties affiliated or associated with our Upleapp, LLC and Residential Care Gateway (RCG) website in some way may be an Amazon.com affiliate. This means that links to products on Amazon.com, as well as reviews leading to purchases, can result in a commission being earned. Again, disclosure of this material connection and the potential for compensation may not be made at every single possible opportunity. To be safe, always assume there is a material connection and potential for compensation at all times. While this does not imply skewed or unduly biased reviews, full disclosure calls for this warning. Compensation You should assume that we may be compensated for purchases of products or services mentioned on this Website that are not created, owned, licensed, or otherwise materially controlled by us. Stated differently, while most people obviously understand that individuals make a living by way of the profit that remains after the costs associated with providing their product or service are covered, at least theoretically there may be someone out there who does not understand that a third party can “affiliate” someone else’s products or services and be compensated by the product or service creator/owner for helping spread the word about their offering. Just compare it to retailers. They seldom produce anything, but rather make their money connecting product and service creators with end users. Admonition You cannot count on anyone looking after your interests but you. So, You should always do your own research into various offers and opportunities, to the extent that leaves you comfortable, (i.e. do your own due diligence) prior to making any purchase of any product or service from this Website or any other. Here is a great set of guidelines for you to keep in mind: First, always operate from the position that any website proprietor, including us at Upleapp, LLC and Residential Care Gateway (RCG), will have a material connection to the product or service provider, and may be compensated as a result of your purchase, unless expressly stated otherwise. Aside from Your purchases, note that even your actions could result in earnings for this Website. For instance, there could be ads displayed on this Website that we are compensated for displaying whenever a website visitor clicks on them. Second, to the extent that we have every interest in positively furthering our business relationship with You, we certainly desire to share only those offerings that we believe will benefit you. Just because we are not the founder or originator of the product or service, we are not going to withhold knowledge of this offering from You. If You can get some benefit from it, regardless of whether or not you’ve taken advantage of our own products and/or services, we want You to do well. Thus, we make a good faith effort to only present to you items that we either personally use, have actually tried, or have faith in the reputation of the provider or concept. We make this determination based on all relevant and applicable information at the time of the recommendation. Third, despite the fact that it would be counterproductive to mention products or services that you’ll find disappointing or inferior, not only are people different, but it’s also possible for us to have a lapse in judgment. Thus, to be extra cautious, even if You believe in our good faith motives, You should keep in mind that we could be at least partially influenced by the monetization factor of listing various products or services on our Website(s). Furthermore, in that vein, the reality is that there are sometimes other connections between parties that are not monetary, such as personal capital, goodwill, or otherwise, that could be an underlying undercurrent swaying the decision to promote a particular offering. Due to this hypothetical possibility, You should not rely solely on what we have to say, but rather form Your own independent opinion just to be safe. Finally, bear in mind that we might also receive free products or services, gifts, or review copies of items as well.  Use Of Products & Services The following are facts you should be advised of if you intend to take advantage of any products or services. The price paid for products and services change over time. Even the prices of staples and basic commodities change, and there are many factors such as supply and demand, sales and other customer acquisition incentives, and more. Price, and value, can be quite relative. Technology, innovations, product improvements, market penetration, and numerous other factors all weigh in. It is impossible to define the “right” price for any product and service. Willing buyers and willing sellers determine price at any given time. You accept the fact that your purchase reflects your own attribution of value at the time of purchase, and that the price may increase or decrease in the future. The outcome you experience is dependent upon many factors. Aptitude and attitude go a long way towards success with products and services in virtually any niche, whether fitness or making money. Circumstances, experience, innate abilities, personality, education, time commitments, and perseverance are just a few factors. Given the smorgasbord of interrelated variables, there is no way to reasonably predict your specific outcome with any degree of reliability or certainty.  DMCA Compliance The following describes the DMCA Compliance for our Website(s). We at Upleapp, LLC and Residential Care Gateway (RCG) are committed to responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov. Remedy If any material infringes on the copyright of any offended party, we may remove the content from our Website, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion. Not Legal Advice/No Attorney-Client Relationship If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately. Notification For your convenience and to speed resolution, notice of alleged infringement may be tendered to Upleapp, LLC and Residential Care Gateway (RCG) via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised. Assuming you still wish to assert copyright violation, you should provide the following to speed up the process: STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise. STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above. STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested). STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred). STEP 5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” STEP 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” STEP 7. Digitally sign your affirmation. Counter-Notification Note that the party representing the affected website or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case. For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated Assuming you still wish to file a counter-notice, you should provide the following to speed up the process: STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to. STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. STEP 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.” STEP 4. Digitally sign the affirmation.  No Archive Notwithstanding anything contained herein, the functionality provided to You by the Site and our systems, networks and servers are not an archive and our Company shall have no liability to You or any other person for loss, damage, or destruction of any Submission or any other information submitted to or via the Site. You shall be solely responsible for maintaining independent archival and backup copies of any Submission and for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for Your use of the Internet. Limitation On Liability Please see our Legal Disclaimer.  Software Any software or related materials that are made available to download from this Site or otherwise provided to you is the copyrighted work of Upleapp, LLC and Residential Care Gateway (RCG), its subsidiaries or partners. You must be a registered subscriber in order to download and/or use the Software. Any reproduction or redistribution of the Software is prohibited. Software is provided as is. There is no guarantee of future updates or support for any provided software. Security Any passwords used for the Site are for individual use only. You will be responsible for the security of Your password (if any). Our Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that our Company considers insecure, our Company will be entitled to require the password to be changed and/or terminate Your account. PLEASE NOTE THAT WHILE our Company IS NOT RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE USING YOUR PASSWORD, YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES THAT RESULT FROM USE OF YOUR PASSWORD. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, our Company reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Our Company reserves the right to investigate suspected violations of these TOS. Our Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing our Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Upleapp, LLC and Residential Care Gateway (RCG) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY our Company DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER our Company OR LAW ENFORCEMENT AUTHORITIES. United States Only By using the Site, You agree and acknowledge that the Site is hosted in the United States. If You are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through Your continued use of this Site, which is governed by U.S. law, this TOS, and the Website Privacy Policy, You are transferring Your personal information to the United States and You consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Nevada with respect to any dispute arising from or related to the Privacy Policy and/or Your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Nevada, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Nevada. Any claim or dispute between You and our Company that arises in whole or in part from Your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Mesquite, Nevada, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. Use of our Website and Professional Consultation Your use of our Upleapp, LLC and Residential Care Gateway (RCG) Website or materials linked to our Website is completely at your own risk. We are in no way purporting to counsel you on issues related to law, finances, or health. Nothing we may ever communicate at Upleapp, LLC and Residential Care Gateway (RCG), in print or spoken word, will ever be intended to constitute any such counsel, as we do not claim to be professionals in any of those disciplines. You assume all risk for actions taken, losses incurred, damages sustained, or other issues stemming from your use of any product or service in any way connected with or mentioned on this Website. Indeed, such decisions are solely your own, or else determined in conjunction with the professional guidance of the advisor of your choosing. You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena. Data contained on or made available through our Website is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. Data contained on or made available through our Website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems. Data contained on or made available through our Website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. You should not act or depend on any data on our Website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues. Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website. We may make changes to the features, functionality or content of our Website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our Website. Your Duty To Other Users Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our Website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email). If you inadvertently obtain personal information about other users, you shall not share this with anyone else. Restricted access Access to certain areas of our Website may be restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion. If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Upleapp, LLC and Residential Care Gateway (RCG) website or any other contractual obligation you owe to us. Third-Party Products/Services You understand that, except for information, products or services clearly identified as being supplied by our Website, our Website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our Website as such, all information, products and services offered through our Website or on the Internet generally are offered by third parties that are not affiliated with our Website, and we may be compensated. Viruses, etc. You also understand that our Upleapp, LLC and Residential Care Gateway (RCG) website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data. Assumption of Risk YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR COMPANY PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS. Limitation of Liability The content may contain inaccuracies or typographical errors. Our Website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our Website or the content on it. Use of our Website and the content is at your own risk. Changes are periodically made to our Website, and may be made at any time. OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS. Express Disclaimer of Consequential Damages IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE. Hyper-Links and Links to Other Websites The Site may contain hyper-links (“Links”) to other sites which are not maintained by, or related to, our Website. Upleapp, LLC and Residential Care Gateway (RCG) makes no representations whatsoever about any other website which you may access through this Site or which may be linking to this Site. Links to such sites are provided as a convenience to users and are not sponsored by or affiliated with the Site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these Links or the sites linked to our Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site. The privacy policies and practices of any such sites are beyond the control of our Company and You should carefully review such site’s privacy policies before providing any information. You should assume we are compensated for any purchases you make on any linked site. Submissions You hereby grant our Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through the Site or services of the site such as but not limited to web based seminars, webinars, teleseminars (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including and without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations or publications by our Company. You also grant to our Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our Website or our Company. As a user of our Website, you are responsible for your own communications and are responsible for the consequences of their posting. You may NOT post, send, submit, publish, or transmit in connection with the Site any Submission that:1.You do not have the right to post, including proprietary material of any third party;2.advocates illegal activity or discusses an intent to commit an illegal act;3.is vulgar, obscene, pornographic, or indecent;4.does not pertain directly to the Site;5.threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;6.seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;7.infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;8.violates any law or may be considered to violate any law;9.impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;10.advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;11.solicits funds, advertisers or sponsors;12.includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;13.disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;14.includes MP3 format files;15.amounts to a chain letter, ‘pyramid’ or similar scheme;16.disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or17.contains hyper-links to other sites that contain content;18.Constitutes an endorsement, review or promotion of any product or service, including those offered by our Company, in which you have an interest, with which you have any material connection, or from which you receive any direct benefit unless you fully and conspicuously disclose such interest, benefit or connection as part of such endorsement, review or promotion;19.that falls within the descriptions set forth above. Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our Website or endorse any opinions expressed by users of our Website. You acknowledge that any reliance on material posted by other users of our Website will be at your own risk. Although under no obligation to do so, our Company reserves the right to monitor use of the Site to determine compliance with these TOS, as well the right (in good faith and at its sole discretion) to remove or refuse any information for any reason (including but not limited to those that are abusive, illegal, or disruptive). Notwithstanding these rights, You remain the sole owner of Your Submissions and our Company stores, transmits, or displays such Submission on its servers and networks and via its Website(s) solely at Your direction. You acknowledge and agree that neither our Company nor any third party that provides Content to our Website(s) will assume or have any liability for any action or inaction by our Company or such third party with respect to any Submission. Social Media Warning (Divulgence of Personal & Private Information) Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information being shared either by themselves or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information. Indemnity You will indemnify, defend and hold harmless our Company, its owners, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) from and against: (i) any breach of these TOS by You, (ii) any use of Content other than as expressly authorized in these TOS, (iii) Your use of the services made available via the Site; (iv) any Submission posted or transmitted by You; (v) Your acts and omissions, and (vi) Your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Site. Our Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You will have no further obligation to provide indemnification for such matter; provided, however, that You will use best efforts to cooperate with our Company in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of our Company or any of our Company’s third party suppliers of Content, and its and their affiliates, partners, subsidiaries and employees. Third Party Rights. The provisions of “Use of Service” and “Indemnity” are for the benefit of our Website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to our Company. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf. Term; Termination. We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data. This Agreement, in whole or in part, may be terminated by Upleapp, LLC and Residential Care Gateway (RCG) without notice at any time for any reason. The provisions included in “Copyright”, “Submissions”, “Use of Service”, “Indemnity”, “Third Party Rights”, and “Use of our Website and Professional Consultation” shall survive any termination of this Agreement, in whole or in part. You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential. Governing Law This Agreement shall be treated as though executed, set in force, and performed in the State of Nevada. Accordingly, it shall be governed and construed in accordance with the laws of Nevada in terms of those applicable to agreements, without regard to conflict of law principles. Disputes Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use of our Website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Nevada, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Modification Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement. Assignability Our Website may assign its rights and duties under this Agreement to any party at any time without notice to you. Contra Preferentum The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties. Severability Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect. A printed version of the TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement Prevails To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence. Waiver Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement. Any rights not expressly granted herein are reserved to Upleapp, LLC and Residential Care Gateway (RCG). CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Upleapp, LLC and Residential Care Gateway (RCG), in order to protect you, our Company, and our Website(s). If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect. COPYRIGHT WARNING: The legal notices and administrative pages on this Website, including this one, have been diligently drafted by an attorney. We at Upleapp, LLC and Residential Care Gateway (RCG) have paid to license the use of these legal notices and administrative pages on our Site for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators. QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using the contact information available on this site.

Non-Disclosure & Non-Competition Agreement of Proprietary Information

This NON-DISCLOSURE & NON-COMPETITION AGREEMENT (the “Agreement”) is made between Residential Care Gateway. (the “Company”) and the client of the website and product (the “client”) In consideration of the mutual promises and agreements hereinafter set forth, Company and client agree as follows: 1. Confidentiality. (a) Definitions. “Proprietary Information” is all information and any idea whatever form, tangible or intangible, pertaining in any manner to the business of Company, or any of its Affiliates, or its employees, clients, consultants, or business associates, which was produced by any owner, staff or consultant of Company in the course of his or her ownership, employment or consulting relationship or otherwise produced or acquired by or on behalf of Company. All Proprietary Information not generally known outside of Company’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” Confidential Information may be contained in oral communications, as well as in any tangible expressions referring or relating, but not limited to: (1) formulas, mentoring and/or coaching strategies, research and development techniques, processes, trade secrets, computer programs, books and other written materials, any copyrightable materials, software, system architecture, hardware, electronic codes, inventions, innovations, patents, patent applications, discoveries, improvements, data, know-how, formats, test results, research projects, manuals, specifications, documentation, notes, industry contacts; (2) information about costs, profits, markets, sales, contracts and lists of customers, student lists, and distributors; (3) business, marketing, and strategic plans; (4) forecasts, unpublished financial information, budgets, projections, and customer identities, characteristics and agreements; and (5) employee personnel files and compensation information. Confidential Information is to be broadly defined, and includes all information that has or could have commercial value or other utility in the business in which Company is engaged or contemplates engaging, and all information of which the unauthorized disclosure could be detrimental to the interests of Company, whether or not such information is identified as Confidential Information by Company. (b) Existence of Confidential Information. The Company owns and has developed and compiled, and will develop and compile, certain trade secrets, proprietary techniques, coaching and/or mentoring techniques and strategies, and other Confidential Information which have great value to its business. This Confidential Information includes not only information disclosed by Company to client, but also information developed or learned by client during the course of client visit at facilities or classes. All materials referring or relating to Confidential Information, any software, hardware, equipment or devices incorporating any Confidential Information are and shall remain the sole and exclusive property of Company, except as set forth in this Agreement. Client shall have no interest in or rights to use or disclose Confidential Information. (c) Protection of Confidential Information. Client will not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any third party, other than in client assigned duties and for the benefit of Company with written consent of Company, any of Company’s Confidential Information, either during or after client staffs attendance of event. Client acknowledges that client is aware that the unauthorized disclosure of Confidential Information of Company may be highly prejudicial to its interests, an invasion of privacy, and an improper disclosure of trade secrets. Client agrees that all Confidential Information made known to client during or after the event is subject to this Agreement and will be received and held in confidence. Client will take all necessary steps to prevent disclosure of Confidential Information to others and will not use or disclose Confidential Information except as set forth in this Agreement or with the express prior written consent of Company. Client shall immediately notify Company of any actual or suspected unauthorized use or disclosure of Confidential Information, and shall cooperate with Company in obtaining injunctive or other equitable relief and in any suit for damages. If client receives a subpoena or other legal process seeking disclosure of Confidential Information, client shall immediately notify Company and cooperate fully with Company in contesting such disclosure. (d) Delivery of Confidential Information. Upon request or when client company relationship terminates, client will immediately deliver to Company all copies of any and all materials and writings received from, created for, or belonging to Company including, but not limited to, those which relate to or contain Confidential Information. (e) Location and Reproduction. Client shall maintain at clients work station and/or any other place under clients control only such Confidential Information as client has a current “need to know.” Client shall return to the appropriate person or location or otherwise properly dispose of Confidential Information once that need to know no longer exists. Client shall not make copies of or otherwise reproduce Confidential Information unless there is a legitimate business need of Company for reproduction. (f) Prior Actions and Knowledge. Client represents and warrants that from the time of client’s first contact with Company client held in strict confidence all Confidential Information and have not disclosed any Confidential Information, directly or indirectly, to anyone outside Company, or used, copied, published, or summarized any Confidential information, except to the extent otherwise permitted in this Agreement. (g) Third-Party Information. Client acknowledges that Company has received and in the future will receive from third parties their confidential information subject to a duty on Company’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. Client agrees that, during the event and thereafter, Client will hold all such confidential information in the strictest confidence and not to disclose or use it, except as necessary to perform client’s residential care investment hereunder and as is consistent with Company’s agreement with such third parties. (h) Duration of obligations. client’s obligations under Section 1. Confidentiality shall survive expiration or termination of this Agreement for any reason for a period of five (5) years after the date of expiration or termination. 2. Intellectual Property Rights. (a) Definition. The term “Subject Ideas or Inventions” includes any and all ideas, processes, trademarks, service marks, inventions, designs, technologies, computer hardware or software, original works of authorship, formulas, discoveries, patents, copyrights, copyrightable work products, marketing and business ideas, and all improvements, know-how, data, rights, and claims related to the foregoing that, whether or not patentable, which are conceived, developed or created and which: (1) relate to Company’s current or contemplated business or activities; (2) relate to Company’s actual or demonstrably anticipated research or development; (3) result from any work performed by client for Company; (4) involve the use of Company’s equipment, supplies, facilities or trade secrets; (5) result from or are suggested by any work done by Company or at Company’s request, or any projects specifically assigned to client; or (6) result from client’s access to any of Company’s memoranda, notes, records, drawings, sketches, models, maps, customer lists, research results, data, formulae, specifications, inventions, processes, equipment or other materials (collectively, “Company Materials”). (b) Company Ownership. All right, title and interest in and to all Subject Ideas and Inventions, whether or not registered or registrable, patented or patentable shall be held and owned solely by Company, and where applicable, all Subject Ideas and Inventions shall be considered works made for hire. Client shall mark all Subject Ideas and Inventions with Company’s copyright or other proprietary notice as directed by Company and shall take all actions deemed necessary by Company to protect Company’s rights therein. In the event that the Subject Ideas and Inventions shall be deemed not to constitute works made for hire, or in the event that client should otherwise, by operation of law, be deemed to retain any rights (whether moral rights or otherwise) to any Subject Ideas and Inventions, client hereby assigns and otherwise transfers and agrees to assign and otherwise transfer to Company, without further consideration, client’s entire right, title and interest in and to each and every such Subject Idea and Invention. (c) Disclosure. client agrees to promptly disclose the details of any Subject Idea and Invention to an authorized representative of Company, and provide such representative with all information in client’s possession relative thereto including all possible applications for such Subject Idea and Invention. (d) Company’s rights. client agrees that Company may apply for and receive a patent or patents, trademark or trademarks, copyright or copyrights for Subject Ideas and Inventions in its own name. Client agrees that when requested, without charge to, but at the expense of Company, its successors, assigns and legal representatives, to execute all patent applications including, but not limited to, divisional applications, continuation applications, continued prosecution applications, continuation-in-part applications, substitute applications, renewal applications, reissue applications, reexaminations, all trademark registration and all original copyright registration. Client agrees to execute all rightful oaths, assignments, powers of attorney, and other papers relating to patent applications, trademark registration and copyright registration. Client agrees to communicate all facts known to client relating to said Subject Ideas and Inventions and the history thereof. In addition, Client agrees to generally assist Company, its successors, assigns or representatives in securing and maintaining proper patent protection, trademark protection and copyright protection. (e) Determination of Subject Ideas and Inventions. Client further agrees that all information and records pertaining to any idea, process, trademark, service mark, invention, technology, computer hardware or software, original work of authorship, design, formula, discovery, patent, copyright, product, and all improvements, know-how, rights, and claims related to the foregoing (“Intellectual Property”), that Client does not believe to be a Subject Idea or Invention, but that is conceived, developed, or reduced to practice by Company (alone by client or with others) during the Period of Event and for one (1) year thereafter, shall be disclosed promptly by client to Company (such disclosure to be received in confidence). Company shall examine such information to determine if in fact the Intellectual Property is a Subject Idea or Invention subject to this Agreement. (f) Access. Because of the difficulty of establishing when any Subject Ideas or Inventions are first conceived by client, or whether it results from client’s access to Confidential Information or Company Materials, client agrees that any Subject Idea and Invention shall, among other circumstances, be deemed to have resulted from client’s access to Company Materials if: (1) it grew out of or resulted from client’s work with Company or is related to the business of Company, and (2) it is made, used, sold, exploited or reduced to practice, or an application for patent, trademark, copyright or other proprietary protection is filed thereon, by client or with client’s significant aid, within one year after termination of the Period of Employment. (g) Assistance. client further agrees to assist Company in every proper way (but at Company’s expense) to obtain and from time to time enforce patents, copyrights or other rights or registrations on said Subject Ideas and Inventions in any and all countries, and to that end client will execute all documents necessary: (1) to apply for, obtain and vest in the name of Company alone (unless Company otherwise directs) letters patent, copyrights or other analogous protection in any country throughout the world and when so obtained or vested to renew and restore the same; and (2) to defend any opposition proceedings in respect of such applications and any opposition proceedings or petitions or applications for revocation of such letters patent, copyright or other analogous protection; and (3) to cooperate with Company (but at Company’s expense) in any enforcement or infringement proceeding on such letters patent, copyright or other analogous protection. (h) Existing Ideas. client acknowledges that there are no currently existing ideas, processes, inventions, discoveries, marketing or business ideas or improvements which client desire to exclude from the operation of this Agreement. To the best of client’s knowledge, there is no other contract to assign inventions, trademarks, copyrights, ideas, processes, discoveries or other intellectual property that is now in existence between client and any other person (including any business or governmental entity). (i) No Use of Name. client shall not at any time use Company’s name or any Company trademark(s) or trade name(s) in any advertising or publicity without the prior written consent of Company. 3. Competitive Activity. client agrees that during clients interaction with company and for a period of 5 years after termination of the Period of interaction, without Company’s express written consent, client shall not, directly or indirectly, (i) conduct any duplication or training of material provided and or of the topic of residential care homes, assisted living, and or any other names that describe that type of business activity. Client agrees that each of the aforementioned names and business entities, along with any future derivations or affiliations, were introduced by Residential Care Gateway, Inc. Client acknowledges that any pursuit of such activities will necessarily involve the use, disclosure or misappropriation of Confidential Information. 4. Representations and Warranties. Client represents and warrants (i) that client has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with undertaking a relationship with Company; (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party; (iii) that client will not use in the performance of responsibilities for Company any materials or documents of a former employer; and (iv) that client has not entered into or will not enter into any agreement (whether oral or written) in conflict with this Agreement. 5. Termination. (a) Upon the termination of relationship with Company or promptly upon Company’s request, client shall surrender to Company all equipment, tangible Proprietary Information, documents, books, notebooks, records, reports, notes, memoranda, drawings, sketches, models, maps, contracts, lists, computer disks (and other computer-generated files and data), any other data and records of any kind, and copies thereof (collectively, “Company Records”), created on any medium and furnished to, obtained by, or prepared by client in the course of or incident to client’s environment, that are in client’s possession or under at client control. (b) client’s representations, warranties, and obligations contained in this Agreement shall survive the termination of the event. (c) Following any termination of relationship, client will fully cooperate with Company in all matters relating to client;s continuing obligations under this Agreement. 6. Injunctive Relief. client acknowledges that failure to carry out any obligation under this Agreement, or a breach by client of any provision herein, will constitute immediate and irreparable damage to Company, which cannot be fully and adequately compensated in money damages and which will warrant preliminary and other injunctive relief, an order for specific performance, and other equitable relief. Client further agrees that no bond or other security shall be required in obtaining such equitable relief and client hereby consents to the issuance of such injunction and to the ordering of specific performance. client also understand that other action may be taken and remedies enforced against client. 7. General Provisions. (a) Modification. No modification of this Agreement shall be valid unless made in writing that explicitly refers to the amendments of this Agreement and is signed by both parties. (b) Binding Effect. This Agreement shall be binding upon client, client’s heirs, executors, assigns and administrators and is for the benefit of Company and its successors and assigns. (c) Governing Law. This Agreement shall be construed in accordance with, and all actions arising under or in connection therewith shall be governed by, the internal laws of the State of Florida. Any disputes between the parties with respect to this Agreement shall be settled in the County of Orange, State of Florida. The parties waive any other venue to which either party may be entitled by domicile or otherwise. (d) Integration. This Agreement sets forth the parties’ mutual rights and obligations with respect to proprietary information, prohibited competition, and intellectual property. It is intended to be the final, complete, and exclusive statement of the terms of the parties’ agreements regarding these subjects. This Agreement supersedes all other prior and contemporaneous agreements and statements on these subjects, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of Company, now or in the future, apply to client and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control unless changed in writing by Company. (e) Construction. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not limitation, this Agreement shall not be construed against the party responsible for any language in this Agreement. The headings of the paragraphs hereof are inserted for convenience only, and do not constitute part of and shall not be used to interpret this Agreement. (f) Attorneys’ Fees. Should either client or Company, or any heir, personal representative, successor or permitted assign of either party, resort to legal proceedings to enforce this Agreement, the prevailing party in such legal proceeding shall be awarded, in addition to such other relief as may be granted, attorneys’ fees and costs incurred in connection with such proceeding. (g) Severability. If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. (h) Rights Cumulative. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either Company or client (or by that party’s successor), whether pursuant hereto, to any other agreement, or to law, shall not preclude or waive that party’s right to exercise any or all other rights and remedies. No waiver shall be construed as a waiver of any succeeding breach, whether or not of the same or a different term or condition. This Agreement will inure to the benefit of Company and its successors and assigns. (i) Non-waiver. The failure of either Company or client, whether purposeful or otherwise, to exercise in any instance any right, power or privilege under this Agreement or under law shall not constitute a waiver of any other right, power or privilege, nor of the same right, power or privilege in any other instance. Any waiver by Company or by client must be in writing and signed by either client, if client is seeking to waive any of the rights under this Agreement, or by an officer of Company or some other person duly authorized by Company. (j) Notices. Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if it is in writing, and if and when it is hand delivered or sent by regular mail, with postage prepaid, to clients residence (as noted in Company’s records), or to Company’s principal office, as the case may be. (k) Date of Effectiveness. This Agreement shall be deemed effective as of the commencement of client’s purchase of any product from Company. (l) Agreement to Perform Necessary Acts. client agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. (m) Assignment. This Agreement, or any right or interest under this Agreement shall not be assigned, nor shall any work or obligation to be performed under this Agreement be delegated, voluntarily, by operation of law or otherwise, without the parties’ prior written consent. Any attempted assignment in contravention of this Section (n) shall be void and ineffective. The terms of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the permitted respective successors and assigns of the parties hereto. (n) Compliance with Law. Client agrees to abide by all federal, state, and local laws, ordinances and regulations. (o) client Acknowledgment. Client acknowledges that client has had the opportunity to consult legal counsel in regard to this Agreement, that client has read and understands this Agreement, that client is fully aware of its legal effect, and that client has entered into it freely and voluntarily and based on client’s own judgment and not on any representations or promises other than those contained in this Agreement. (p) Counterparts. This Agreement may be signed in counterparts, which together shall constitute one agreement. If this Agreement is signed in counterparts, no signatory hereto shall be bound until both parties named below have duly executed, or caused to be duly executed, a counterpart of this Agreement.  Last updated: October 9, 2014