TERMS & CONDITIONS

The following is RHS Solutions terms and conditions of service for registered users. These terms and conditions will cover the various RHS Solutions services including our Safety Store, Information Center, Online Education Center, Discussion Boards and other services which may be offered in the future or from time to time by RHS for use by our registered users (each product or feature individually and/or collectively is hereinafter referred to as Service or Services). Please read the foregoing terms and conditions carefully.

By completing the registration process, you are consenting and agreeing that you are registering with RHS Solutions and that you are bound by all terms and conditions of Service.

Services are offered to you based on the condition of your acceptance without modification of any of the terms, conditions, and notices contained within this document.

1. Registered User, Password and Security. To become a registered user for one of RHS Solutions’ services, you must complete the registration process by providing us with current, accurate and complete information as prompted by the Registration Form. You then will choose a password and an account name. You alone are responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account.

In the event of any unauthorized use of your account or any other breach of security, you agree to notify RHS Solutions immediately.

2. User Conduct: As a condition of your use of RHS services, you warrant to RHS that you will not use the Services for any unlawful purpose or for any purpose prohibited by the terms, conditions and notices contained herein. Any unauthorized commercial or personal use of the Service, or the resale or its services, is expressly prohibited.

Further, you agree to abide by all applicable federal, state, and local laws and regulations, as well as all international laws and regulations, and that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. For example, and not as a limitation, you agree not to:

  1. Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
  4. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  5. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of the message.
  6. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable laws unless you own or control the rights thereto or have received all necessary consents.
  7. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  8. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  9. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service.
  10. Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.

RHS Solutions shall bare no obligation to monitor any user’s use of the Service or retain the content of any user session. However, RHS at all times reserves the right to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

3. Links to Third Party Sites: The links included with the Service may let you leave the Service web sites for other web sites ("Links"). RHS Solutions has no control over these Links and is not responsible for the contents of any Link or any link contained within a Link, or any changes or updates to such sites. RHS is not responsible for webcasting or any other form of transmission received from any Link site. RHS is providing these links to you only as a convenience, and inclusion of any link does not imply endorsement by RHS Solutions of the site or any association with their operators.

4. Disclaimers/Limitation of Liability: RHS acknowledges and User understands and acknowledges that the information and services included in or available through the Service may include inaccuracies or typographical errors. Changes to this information will be made from time to time by RHS Solutions and/or its respective suppliers and any improvements and/or changes in the Service may be done at any time.

RHS Solutions does not represent or warrant that its Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. RHS Solutions does not warrant or represent that the use or the results of the use of the Service or any materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically acknowledge and agree that RHS Solutions shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into or through the Service. You specifically agree that RHS Solutions is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party, or any infringement of another’s rights, including intellectual property rights. You specifically acknowledge and agree that RHS Solutions is not responsible for any content sent using and/or included in the Service by any third party.

RHS Solutions makes no representations about the suitability, reliability, availability, timeliness, accuracy of the service or any of the content or information provided by or relative to the service for any purpose whatsoever. The service is provided "As Is" without warranty of any kind whatsoever. RHS Solutions hereby disclaims all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall RHS Solutions be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages of any nature whatsoever including, without limitation, any damages, fines, penalties or judicial or administrative sanctions relating to non-compliance or violations of any laws, rules or regulations promulgated, administered or enforced by a federal or state governmental authority or agency, including but not limited to the United States Occupational Safety and Health Administration or the United States Department of Transportation, any damages or loss of use, data or profits, arising out of or in any way connected with the use of performance of the service or related web sites, with the delay or inability to use the service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if RHS solutions or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.

5. Indemnification: You agree to indemnify and hold RHS Solutions, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct of the Service.

6. Termination: RHS Solutions may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service. RHS Solutions shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

7. Participation in Promotions of Advertisers: Any dealings with advertisers or vendors on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealing or promotions, are solely between you and the advertiser, vendor, or other third party. RHS Solutions shall not be responsible or liable for any part of any such dealing or promotions.

  1. Proprietary Rights To Content: You acknowledge that content, including but not

limited to tests, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by RHS Solutions, or RHS Solution advertisers or vendors or other content providers, is protected by copyrights, trademarks, patents or other proprietary rights and laws. You may only modify, copy, reproduce, republish, upload, post, transmit or distribute content available through the services and its associated web sites at the consent of RHS.

9. Modifications to Terms of Service, Member Policies: RHS Solutions reserves the right to change the TOS or policies regarding the use of the Service at any time and from time to time in its sole and absolute discretion and to notify you by posting an updated version of the TOS on this web site. However, it is your sole responsibility to regularly review the TOS. Continued use of the Service after any such changes are posted on the web site shall automatically receive your consent and acknowledgement to such changes.

10. General: This agreement is governed by the laws of the State of Ohio and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RHS Solutions as a result of this agreement or use of the Service. RHS Solutions’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RHS Solutions’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by RHS Solutions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RHS Solutions with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RHS Solutions with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and RHS Solutions agree that any cause of action arising our of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

11. Copyright and Trademark Notices: All contents of the Service are: Copyright 1999 RHS Solutions. P.O. Box 3002, Dublin, Ohio 43016-0002.

12. Trademarks: RHS Solutions and RHS Solutions Online Education Center products and services referenced herein are either trademarks or registered trademarks of RHS Solutions. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

13. Notices and Procedure for Making Claims of Copyright Infringement: Pursuant to Title 17, United State Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Providers Designated Agent.