Terms and Condition

ROSS PHENOMENAL CARE LLC – Welcome to the ROSS PHENOMENAL CARE LLC website (the “Site”), encompassing our mobile websites, mobile apps, blogs, and websites for programs like CogniCare. The ROSS PHENOMENAL CARE LLC Terms of Use Agreement (“Agreement”) delineates the agreement between ROSS PHENOMENAL CARE LLC (“ROSS PHENOMENAL CARE LLC”), affiliated companies of ROSS PHENOMENAL CARE LLC (collectively referred to as “We,” “Us,” or “Our”), and each user (“User,” “Your,” or “You”) regarding your utilization of the Site. Please thoroughly read and comprehend this agreement before using the Site.

By accessing the Site: (i) you acknowledge that you have read and comprehended the terms of this Agreement, (ii) you agree to and accept being bound by the terms of this Agreement, and (iii) you agree to comply with all applicable laws and regulations concerning the subject matter of this Agreement.

IF YOU DO NOT CONSENT TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

The terms of use outlined in this Agreement may undergo periodic changes and revisions at any time and at our sole discretion by updating this posting. It is advisable to periodically visit this page to review the current terms of use as they are legally binding upon you. Your continued use of the Site signifies your acceptance of any alterations or amendments to this Agreement. If any modification is unacceptable to you, your sole option is to terminate this Agreement by contacting Customer Service. Specific provisions of the terms of use in this Agreement may be overridden by legal notices or terms found on specific pages of the Site.

Arbitration Agreement

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ROSS PHENOMENAL CARE LLC WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Agreement to Arbitrate: Any dispute brought against ROSS PHENOMENAL CARE LLC, or any of its affiliated entities, officers, directors, or employees, or any dispute brought by ROSS PHENOMENAL CARE LLC against you, regardless of characterization, pleading, or style, shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (Consumer Rules) and decided by a single arbitrator.

The Federal Arbitration Act (FAA) shall govern the interpretation, scope, and enforcement of this Arbitration Agreement. Any disputes concerning the interpretation, scope, and enforcement of this Arbitration Agreement shall be decided exclusively by a court of competent jurisdiction, not by the arbitrator.

Waiver of Jury Trial: Both ROSS PHENOMENAL CARE LLC and you explicitly waive any right to a jury trial. You understand that the arbitrator’s decision will be binding, not merely advisory, and may be entered as a judgment in any court having jurisdiction.

Small Claims: This Arbitration Agreement does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of the small claims court’s jurisdiction.

Class Action Waiver: You agree that any dispute or claim you bring shall be brought solely in your individual capacity, not as a plaintiff or class member in any purported class action, representative proceeding, mass action, consolidated, or joint action.

Miscellaneous: The costs of arbitration filing fees, arbitrator compensation, and facilities fees exceeding the applicable court filing fee will be borne by ROSS PHENOMENAL CARE LLC. Any remedy available from a court under the law shall be available in arbitration. You may, but need not, be represented by an attorney during arbitration. Except as specifically required by the laws of the state where you reside at the time of filing the arbitration, all aspects of this arbitration and the underlying dispute shall remain strictly confidential by the parties, their representatives, and the AAA. Any actual or threatened violation of this provision may result in immediate injunctive relief due to irreparable harm. Information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. You shall disclose this Arbitration Agreement to the AAA if you file for arbitration. If any part of this Arbitration Agreement is deemed unenforceable or invalid, it shall be severed, and the remainder of this Agreement shall remain valid and enforceable.

Not Healthcare Advice

The Site is not designed to offer diagnoses, treatments, or medical advice. Products, services, information, and other content provided on the Site, whether directly or through links to third-party websites, are offered for informational purposes exclusively. It is essential to consult with a physician or other healthcare professional regarding any medical or health-related diagnoses or treatment options.

Links to or access from any third-party websites or resources do not imply an endorsement of any information, product, or service. We bear no responsibility for the content or performance of any third-party websites. Utilizing any third-party websites is at your own risk.

The information or services on the Site should not be used to diagnose or treat any health issues or to prescribe any medication or other treatments. Always consult with your healthcare professional and review information provided by the product manufacturer, as well as any product labels or packaging, before using any medication, nutritional, herbal, or homeopathic product, or before commencing any exercise or diet program, or initiating any treatment for a health issue.

Comments made in any forums on the Site by employees or Site users reflect their personal views made in their personal capacity and do not constitute claims made by us, nor do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their personal opinions made in their personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. Always refer to the product label or packaging before using any product. In case of discrepancies, customers should adhere to the information provided on the product label or packaging. For clarification regarding product labeling, packaging details, and recommended use, customers should contact the manufacturer directly.

Usage & Termination

By utilizing our Site, you affirm and consent that you are at least 18 years old or older and possess the full capability and competence to agree to the terms, conditions, representations, and warranties outlined in this Agreement. Individuals under the age of 18 are prohibited from using this Site.

Liability Disclaimer

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE OR PARTICIPATION IN ANY PROGRAM IS SOLELY AT YOUR OWN RISK. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPLICITLY STATED IN THIS AGREEMENT. ROSS PHENOMENAL CARE LLC AND OTHER AFFILIATED COMPANIES, ALONG WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO AS “ROSS PHENOMENAL CARE LLC ENTITIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ROSS PHENOMENAL CARE LLC ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE TIMELY, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR VIA THIRD-PARTY LINKS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS. NO INFORMATION OBTAINED BY YOU FROM ROSS PHENOMENAL CARE LLC ENTITIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY RELATING TO THE SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ROSS PHENOMENAL CARE LLC ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE PRECEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROSS PHENOMENAL CARE LLC ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION, AND FAILURE TO FOLLOW PRINTED DIRECTIONS.

WE MAKE NO GUARANTEE OR WARRANTY REGARDING ANY PRODUCTS OR SERVICES SOLD ON THIRD-PARTY SITES. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you have any inquiries regarding this Agreement, please contact info@rossphenomenalcare.com.