Terms and Conditions
Last Updated: 20 Jan 2021
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Welcome to PepDoCal. By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app.
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Ownership of the App and Related Intellectual Property
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You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Rock Solid Media.
You may not remove any copyright, trademark or other proprietary notices that have been placed in the app. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the app, or any portion of the app, is strictly prohibited without the prior written permission of Rock Solid Media. The app is licensed, not sold, and you obtain no rights in any copy of software related to the app other than the rights described in this paragraph.
Rock Solid Media is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its Apps, at any time and for any reason. We will never charge you for the app or its Apps without making it very clear to you exactly what you’re paying for.
License to Use the App
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Subject to the terms of this Agreement, Rock Solid Media authorizes you to use the App for your personal, non-commercial purposes. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the PepDoCal app won’t work properly or at all.
You should be aware that there are certain things that Rock Solid Media will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Rock Solid Media cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
You agree, and represent and warrant, that your use of the app, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the app or your use of it, and you will be solely responsible for Your own individual violations of any of any such laws.
You are solely responsible for obtaining the equipment and telecommunication Apps necessary to access the app, and all fees associated therewith (such as computing devices and Internet App provider and airtime charges). If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app. Along the same lines, Rock Solid Media cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the App, Rock Solid Media cannot accept responsibility.
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With respect to Rock Solid Media ’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that we endeavour to ensure that it is updated and correct at all times. Rock Solid Media however accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Rock Solid Media does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Feedback Submitted to Rock Solid Media
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Rock Solid Media is pleased to hear from You and welcomes Your comments about the App. In the event that You submit ideas or suggestions for the App, the comments will be deemed, and will remain, the sole property of Rock Solid Media. None of the comments will be subject to any obligation of confidence on the part of Rock Solid Media, and will not be liable for any use or disclosure of any comments. Without limiting the foregoing, Rock Solid Media will be entitled to unrestricted use and other exploitation of the comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the comments.
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Warranty Disclaimers, Limitations of Liability and Indemnity
You acknowledge that Rock Solid Media has advised You of the necessity for obtaining professional medical consultations before embarking on any self-treatment plans. The App serves as a source of information, but it does not claim to provide medical advice. Rock Solid Media makes no representation that Rock Solid Media is a provider of medical Apps as defined by federal and state laws and regulations pertaining to medical providers and other health care related matters, or that Rock Solid Media has any obligations with respect to (a) the appropriateness of Your engaging in a weight loss or fitness program; (b) the results (or lack of results) obtained by Your use of the Apps; and (c) any health-related matters arising in connection with Your use of Rock Solid Media. In no event shall Rock Solid Media be liable for any death or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the App.
Warranties.
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WITHOUT LIMITATION OF THE FOREGOING, ROCK SOLID MEDIA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APP OR USER CONTENT. THE APP AND USER CONTENT ARE PROVIDED IN “AS-IS” CONDITION, AND ROCK SOLID MEDIA EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE APP AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE APP AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE APP OR THE USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCK SOLID MEDIA OR THROUGH THE APP OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
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YOU USE THE APP AND USER CONTENT AT YOUR OWN RISK, AND ROCK SOLID MEDIA WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
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UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM ROCK SOLID MEDIA ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE APP OR USER CONTENT, EVEN IF ROCK SOLID MEDIA HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
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THE MAXIMUM AGGREGATE LIABILITY OF ROCK SOLID MEDIA FOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE APP OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO ROCK SOLID MEDIA IN THE THREE (3) MONTHS BEFORE THE LIABILITY IS ALLEGED TO HAVE ARISEN, OR, IF NO AMOUNTS WERE PAID DURING SUCH PERIOD, THE AMOUNT OF $1. THIS LIMITATION WILL APPLY WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
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You shall defend, indemnify and hold harmless Rock Solid Media against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Your use of the App or Your breach of any provision of this Agreement. Rock Solid Media reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which You are obliged to provide indemnification hereunder. You will cooperate with Rock Solid Media with respect to such defense and settlement.
Link to the Privacy Statement
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Rock Solid Media operates the App under the Privacy Policy published at https://pepdocal.com/privacy. We urge You to read this policy now and, because the policy is updated from time to time, later at Your convenience. If we make material changes, as determined by us, in the way in which personal information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website. Your continued use of the App ten days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.
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Miscellaneous Provisions
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No delay or omission by Rock Solid Media in exercising any of its rights occurring upon any noncompliance or default by You with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Rock Solid Media of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You and Rock Solid Media regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes. In no event shall Rock Solid Media be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Rock Solid Media’s reasonable control.
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Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. These terms and conditions are effective as of 20 January 2021
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at rocksolidmediaau@gmail.com.