Welcome to RCare Systems (rcaresystems.com)
Effective Date:1st August 2021
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This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and RCare Systems (“RCare Systems”). Your access to the Site (defined below) and technical support service providers who are accessible though the Site (“RCareSystems.Com”) is governed only by the policies, terms and conditions below. For convenience, we refer to the RCareSystems.com website and any content therein provided by RCare Systems as the “Site”, we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your RCare Systems account and we refer to any technical support services you may receive from an RCare Systems technician related to your RCare Systems account or the Site, and their listings on the Site as “RCare Systems technician Services.”
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END-USER LICENSE AGREEMENT FOR RCARE SYSTEMS (WWW.RCARESYSTEMS.COM) REMOTE SUPPORT SERVICE
IMPORTANT - READ CAREFULLY
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Scope of Use
A Remote Control session between an RCare Systems Technician and an end-user (you) is about to initiated. THIS END-USER LICENSE AGREEMENT (EULA) FORMS A LEGAL AGREEMENT BETWEEN YOU AND RCare Systems, FOR REMOTE TECHNICIAN ASSISTANCE AND THE SOFTWARE PRODUCT USED FOR THIS SESSION. By proceeding with this session and clicking “Submit” on the RCare Systems Free Evaluation Form, you are authorizing the RCare Systems Technician to have partial or fully unrestricted access to your computer.
No Warranty/Limitation of Liability
In no circumstances shall RCare Systems or its licensors be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including system damage, loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, any interruption to use the service, or any content obtained from or through the service, even if the party from which damages are sought or such party’s licensors have been previously advised of the possibility of such damages. By clicking “Submit” you agree to these terms and authorize this Remote Control session to take place.
Data
BY CONTINUING I AGREE THAT I AM RESPONSIBLE FOR BACKING UP MY DATA. RCare Systems Remote Support Tech Services will NOT back up any data, configurations, e-mail, or settings on my computer or other products unless I specifically request this additional service prior to the performance of any Remote Support sessions. I AGREE THAT WHETHER OR NOT I REQUEST RCare Systems TECH SERVICES TO BACK UP ANY DATA, IN NO EVENT SHALL RCareSystems.Com TECH SERVICES AND/OR ITS THIRD PARTY SERVICE PROVIDER, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA ON MY COMPUTER(S).
YOU UNDERSTAND THAT BY CLICKING THE “Submit” BUTTON, BY USING THE SITE, ANY EXPERT SERVICES, YOUR RCARE SYSTEMS ACCOUNT OR BY HAVING ANY FORM OF COMMUNICATION WITH AN EXPERT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR EXPERT SERVICES.
Terms and Conditions
The Site and RCare Systems technician Services are only available to persons who are at least eighteen (18) years old (an “Adult”). RCare Systems acts only as an interface to facilitate communications between RCare Systems and Customers
and to collect Fees (defined below) from Customers on behalf of rcaresystems.com and RCare Systems is not a party to any relationship or separate agreement entered into between Customers and RCare System and disclaims any and all liability relating thereto. RCare Systems are not employees, agents or contractors of RCare Systems.
RCARE SYSTEMS MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE AND RCARE SYSTEMS SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY RCARE SYSTEMS AS DETERMINED BY RCARE SYSTEMS IN ITS SOLE DISCRETION.
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a. Desktop Sharing Services
An RCare Systems technician may request that a desktop sharing session be initiated in order to provide RCare Systems technician Services to you. To engage in a desktop sharing session you will have to: (i) download and install the RCare Systems desktop sharing software application (“RCare Systems Software”) subject to the terms and conditions of the RCare Systems Software License Agreement; and (ii) provide the RCare Systems technician access to your computer using the RCare Systems Software. You must agree to allow access to your computer to enable the RCare Systems technician to provide you RCare Systems technician Services. If you do not, the RCare Systems technician will not be able to provide you with the RCare Systems technician Service in question.
THE RCARE SYSTEMS SOFTWARE IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE RCARE SYSTEMS SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE RCARE SYSTEMS SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF, SOLELY TO PARTAKE OF AND ENJOY THE EXPERT SERVICES REQUESTED BY YOU.
b. In-Home Visits
After an initial remote service session with an RCare Systems technician, you and an RCare Systems technician may agree to have an in-home visit to address your service needs. For in-home visits, an Adult must be present during the entire period RCare Systems technician Services are provided. If an Adult is not present when the RCare Systems technician arrives to the designated address, the provision of RCare Systems technician Services may be denied and a cancellation fee may apply. Please see the relevant RCare Systems technician’s listing for the amount of this cancellation fee.
c. Minimum System Requirements for RCare Systems technician Services
To partake of RCare Systems technician Services you must have a validly licensed and working personal computer meeting the minimum requirements described below.
- Windows 7 operating system or newer;
- Internet Explorer version 11 or higher;
- All peripherals must be in good working condition and spyware free.
Refunds Policy
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a) Service received through Remote Computer Sharing:
RCare Systems Payment Policy is that customer will make the payment only after the job is completed as per customer's satisfaction and the payment policy is incorporated into this Agreement by reference.
By paying for the RCare Systems Technicians Service Invoice you are agreeing that the work was finished to your satisfation and no refund will apply. The RCare Systems Technician will however take a 2nd look to resolve any issue found after the intial repair.
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There are scenarios where a refund can be initiated on a special request by customer. Please read the following carefully:
(i) In case customer is not happy with the solution provided for his/her original issue, the customer can either opt to cancel the service if not charged already.
(ii) In case customer has already paid for the service but is still not happy with the overall results, he or she may request for the refund by going to contact us section on www.rcaresystems.com and fill the form with correct information and a valid reason for requesting a refund.
(iii) In case of an annual subscription, no refunds or cancellation can be provided to the customer during the period of active subscription. If a customer do not want to continue or renew with an annual subscription after it expires he/she can simply drop us an email or just do not worry about renewal as RCare Systems do not save any of the customer's bank details hence we can never auto renew your subscription.
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Cancellation Policy
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a) Service received through Remote Computer Sharing:
RCare Systems Payment Policy is that customer will make the payment only after the job is completed as per customer's satisfaction and the payment policy is incorporated into this Agreement by reference.
By paying for the RCare Systems Technicians Service Invoice you are agreeing that the work was finished to your satisfation and no refund will apply. The RCare Systems Technician will however take a 2nd look to resolve any issue found after the intial repair.
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There are scenarios where a cancellation can be done by customer. Please read the following carefully:
(i) In case customer is not happy with the work being done on his/her computer through remote sharing, the customer can close the screen sharing at any moment and inform the RCare Systems technician to stop working on his/her computer with a valid reason. This will be considered as a cancellation of RCare Systems service with that customer.
(ii) In case customer has already paid for the service but is still not happy with the overall results, he or she may request for the cancellation of service by going to "Contact Us" section on "www.rcaresystems.com" and fill the form with corect information and a valid reason for requesting a refund.
(iii) In case of an annual subscription, no cancellation can be provided to the customer during the period of active subscription. If a customer do not want to continue or renew with an annual subscription after it expires he/she can simply drop us an email or just do not worry about renewal as RCare Systems do not save any of the customer's bank details hence we can never auto renew your subscription.
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Additional Customer Obligations
The Site and RCare Systems technician Services may only be used and accessed for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Site and use of RCare Systems technician Services. In addition, without limitation, you agree to comply with the following:
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a. You are solely responsible for all equipment necessary to access and use the Site and RCare Systems technician Services. You understand and agree that prior to your use of any RCare Systems technician Services it is your responsibility to back-up the data, software, information or other files stored on your computer, its disks and drives. RCare Systems will not be responsible under any circumstances for any loss or corruption of data and software.
b. You will not record or otherwise store any RCare Systems technician Service sessions that you receive through the Site or those that are related to your RCare Systems account. RCare Systems and or the rcaresystems.com may however record these sessions, in compliance with applicable law.
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c. You will not use the Site or RCare Systems technician Services to upload, post, email or otherwise transmit any materials or content that contain software viruses or any other computer code, files or programs designed to
(i) interrupt, destroy or limit the functionality of any computer software; or
(ii) interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.
d. You will not use the Site or RCare Systems technician Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of RCare Systems and you will cooperate fully with RCare Systems to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized RCare Systems representatives access to any password-protected portions of your RCare Systems account.
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e. Except for in-home visits you will conduct all for-fee communications that you have with RCare Systems only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.
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f. You will not create obscene, offensive, tasteless, defamatory or hateful screen names, or use such obscene, offensive, tasteless, defamatory or hateful content on the Site or in connection with your use of RCare Systems technician Services.
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g. You will not use the Site or RCare Systems technician Services in any manner that harasses an RCare Systems technician or another Customer or could interfere with any other party’s use or enjoyment of the Site and RCare Systems technician Services. You will respect the privacy of others and not use the Site or RCare Systems technician Services for unwelcome, rude or abusive communications or in any other manner as determined by RCare Systems in its sole discretion.
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h. You will not attempt to gain unauthorized access to any RCare Systems account information, computer systems or networks associated with the Site. You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
i. You will not "frame," "mirror" or otherwise copy any portion of the Site.
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j. You will not use the Site or RCare Systems technician Services to promote or provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly” or “make money surfing the Web”). You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
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k. You will not use the Site or RCare Systems technician Services to transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitation for employees, consultants, or contractors for participation on other websites.
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l. You will not take any actions which may undermine the Customer comment system used to solicit feedback and comments from Customers, including, without limitation, using secondary Customer names or third parties or leaving negative comments if an RCare Systems technician fails to perform some action that is outside the scope of the services described in his or her RCare Systems technician listing, or for another untruthful or malicious reason.
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m. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or RCare Systems services.
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n. You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and RCare Systems policies.
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Interaction with RCare Systems and Use of RCare Systems technician Services
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a. Although the RCare Systems technician listings may contain verified credentials, the verification services are provided to RCare Systems by third parties and RCare Systems does not refer, endorse, recommend, or guarantee any RCare Systems technician Services provided by RCare Systems, any specific RCare Systems technician or any RCare Systems technician’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by RCare Systems. RCare Systems acts as a technology service that facilitates the sharing of technical support services between RCare Systems and Customers and does not make editorial or managerial decisions concerning an RCare Systems technician’s listing, nor will RCare Systems be held responsible for any RCare Systems technician’s failure to comply with laws or regulations concerning the content of their listings. RCare Systems is not responsible for the use or exchange of any information, files or goods between RCare Systems and Customers. Further, RCare Systems does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by RCare Systems or Customers, including without limitation, any information contained in RCare Systems technician listings, the RCare Systems technician Services provided, comments made by Customers or other information made available through the Site. RCare Systems assumes no responsibility for monitoring any Customer feedback or otherwise policing its users in any way.
b. You are solely responsible for your interactions with RCare Systems and will exercise caution, discretion, common sense and judgment in, using the Site or RCare Systems technician Services and disclosing personal information to RCare Systems and RCare Systems. You agree to take reasonable precautions in all interactions with RCare Systems, particularly if you decide to meet with an RCare Systems technician in person. Your use of the Site and RCare Systems technician Services is at your sole risk and discretion and RCare Systems hereby disclaims any and all liability to you or any third party relating thereto.
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Customer Comments & Feedback
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a. Customer Comments
At the end of each session with an RCare Systems technician, you have the opportunity to leave feedback and make comments about your experience with the RCare Systems with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. RCare Systems advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. RCare Systems does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto. Notwithstanding the foregoing, RCare Systems does reserve the right, in its sole discretion, to remove any Customer Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement .
b. Feedback
We invite you to provide RCare Systems with feedback, comments and suggestions for improvements to the Site and RCare Systems technician Services (collectively, “Feedback”). You may submit Feedback by filing out a feedback form made available on the Site. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of RCare Systems. You hereby assign to RCare Systems and agree to assign to RCare Systems all of your right, title and interest in and to all Customer Comments and Feedback, including all intellectual property rights therein. At RCare Systems’s request and expense, you will execute documents and take such further acts as RCare Systems may reasonably request to assist RCare Systems to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
Proprietary Rights and Ownership
RCare Systems and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, RCare Systems technology and the trademarks, service marks and logos contained therein (“RCare Systems Properties”). RCare Systems reserves all rights in the RCare Systems Properties not expressly granted to you in this Agreement .
RCare Systems and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, RCare Systems will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by RCare Systems. RCare Systems may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: RCare Systems, Inc.
Contact us using our Feedback Form.
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Confidentiality
“Confidential Information” means:
a. Any Feedback that you provide to RCare Systems; and
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b. Any RCare Systems business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to Support Space’s plans, business opportunities or research and development. Confidential Information excludes any information that:
(i) is or becomes generally known to the public other than as a result of your breach of this Agreement e;
(ii) is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
(iii) is independently developed by you, without access to or use of any Confidential Information; or
(iv) is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure. You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement .
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Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD RCARE SYSTEMS, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR EXPERT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF RCARE SYSTEMS) INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, RCARE SYSTEMS WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL RCARE SYSTEMS OR SUPPLIERS TO RCARE SYSTEMS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR INJURY OR DAMAGES RESULTING FROM USE OF THE EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH AN EXPERT IN PERSON, WHETHER OR NOT RCARE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RCARE SYSTEMS AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES PROVIDED TO YOU WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY RCARE SYSTEMS UNDER THIS AGREEMENT (AFTER PAYMENTS TO RCare Systems AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. RCARE SYSTEMS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Copyrighted Materials: No Unauthorized Use
You will not use the Site or RCare Systems technician Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. RCare Systems has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the RCare Systems Copyright Policy for further information.
Privacy Policy
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This privacy policy discloses the privacy practices for (www.rcaresystems.com). This privacy policy applies solely to information collected by this web site. It will notify you of the following:
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
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We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.