Residential Child Care Academy INC (‘RCCA’) is a provider of digital products and information-based programs.

RCCA offers a range of products, services, and courses functioning as a producer and supplier of digital and informational products and services, specifically relating to the licensing process and framework for opening residential childcare businesses in the United States. RCCA’s “Residential Child Care Biz Mastery Course" (the ‘Course’) is a digital information-based product, delivering information to interested parties (including individuals and groups) about the strategic approach to opening and operating residential child care operations.

These Terms and Conditions (T’s and C’s) include important information regarding your rights and responsibilities and other such limitations, exemptions, and provisions that govern your access to, interaction with, and/or use of the site: https://www.therccacademy.com, including the Course and any other such product/s and/or service/s and/or courses offered by RCCA through the site (hereinafter referred to as the ‘Site’). These T’s and C’s are in addition to the Website and Course Disclaimers and must be read in conjunction with the Privacy Policy. By accessing and/or interacting and/or using any part of the Site you confirm that you have read, and assessed these T’s and C’s and agree to be bound by them.

The RCCA confirmation of order, these T’s and C’s, the licensing agreement concerning any product, service, or course acquired via this Site, and our Privacy Policy collectively constitute the definitive and all-inclusive agreement between you and RCCA concerning the subjects covered within these T’s and C’s.

A. ACCESS TO, INTERACTION WITH, AND USE OF THE SITE

1. To access and/or interact and/or use the Site you may be required to create an account for which you must provide us with certain information. Your account becomes active immediately upon signing up ("the Effective Date"). The information provided must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the T’s and C’s, which may result in the immediate termination of your account with the Site.

You may be required to choose a Username and Password to access the Site. You are entirely responsible for safeguarding the password that you use to access, interact with or use the Site and for any activities or actions under your password, whether your password is with our Site or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

RCCA will not be liable for any losses you may incur as a result of a third party using your password or accessing your account, either with or without your consent.

2. Due to the nature of the internet any information and/or communication you have submitted through the Site may inevitably result in the transfer of information across international boundaries. Your information, including Personally Identifiable Information, may be transferred to – and maintained on – servers that are located outside of your country where the data protection laws may differ from those in your country of residence. By downloading and/or accessing and/or using any part of the Site you consent to such transfers.

3. When agreeing to these T’s and C’s, you acknowledge that they necessitate the utilization of individual-based arbitration to settle conflicts, in contrast to jury trials or collective actions.

4. When creating an account and/or placing an order and/or accessing, interacting with and/or using the Site you are representing that:

4.1 You are of sufficient legal age (i.e., 18 years of age or older);

4.2 That you possess the legal right and ability to create binding obligations for any liability you may incur as a result of the use of this Site. If you place an order on behalf of an organization/company/institution, you assert that you possess the legal authority to bind said organization/company/institution to these T's and C’s; and

4.3 That the information supplied by you in accessing, interacting with and/or using the Site is true and accurate.

5. All instructions and communications to and from RCCA or the Site may be supervised and recorded for monitoring and training purposes.

6. We may act on any instruction or communication, whether made by e-mail, calls, texts or otherwise, if we believe, in good faith, that it has been given or sent by you or on your behalf. There may be delays in executing any instructions that you send to us via e-mail or otherwise, for example, we may receive your e-mail outside of normal business hours, in which case we will only act thereon as soon as may be practicable on the next business day.

7. Any comments or materials sent to RCCA, including feedback data, such as questions, comments, suggestions or the content of any such documents, shall be deemed to be the property of RCCA. Communications sent in respect of this Site or RCCA through whatever means shall be non-proprietary. RCCA will be free to use the content of these communications, including but not limited to concepts, ideas, inventions and techniques.

8. You may electronically store the content available on the Site for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, republication, retransmission, storage or incorporation of any part of the Site in any other work, is prohibited without the prior written consent of RCCA.

9. This Site and the content and information contained within the Site is not intended for distribution to, or use by, any person or entity who has not subscribed to the Site. Through your account registration, you will be granted a non-transferrable right to use and access the Site for its intended purpose only. You do not acquire any rights or interest in the Site apart from the use rights granted to you under your account with the Site.

10. RCCA retains all right, title and interest in and to the Intellectual Property Rights to and in any material or content of the Site. This shall include, but not be limited to, copyright, trademarks, patents, as well as Site developments, customizations, enhancements and future releases and may not be used or reproduced without the written permission of RCCA.

11. You are prohibited from exploiting the Site commercially; you may not licence, lease, rent, assign, transfer, sell or subject the Site to any other form of commercial exploitation.

You are further prohibited from reverse engineering, decompiling, decoding, decrypting, disassembling, or in any way deriving source code from the Site.

12. The Site and its content are provided "AS IS", therefore, all courses, materials and information accessed or downloaded from the Site is obtained and used at your own risk. It is your responsibility to use appropriate virus/protective software. We make no warranty that the Site will operate uninterrupted or error-free. Access to and/or interactions with and/or use of the Site may be disrupted periodically to facilitate maintenance activities.

13. Upon purchase, RCCA shall grant you access to the specified deliverables, as per your acquisition. You acknowledge your responsibility for

13.1 Promptly providing access to requested information by RCCA;

13.2 Effecting full payment for the designated price or the completed payment plan, and

13.3 Adhering to these T’s and C’s.

B. PURCHASES, PRICES AND PAYMENT TERMS

1. Courses may be purchased online through the Site and may be available through authorized third-party sites and/or through various offers. You acknowledge and agree that payment transactions shall be handled through third-party providers; for example, Paypal or Stripe, with their own terms and conditions. It is your responsibility to ensure that you have familiarized yourself with these terms and conditions as RCCA shall bear no responsibility for these.

2. Prices for RCCA products, services and courses shown on this Site may differ from prices presented through online promotions, on social media, or through authorized third-party sites. The amount billed for a product, service, or course will correspond to the price prevailing at the time the order is placed and as reflected on the order confirmation email.

3. All prices, discounts, and promotions visible on this Site are subject to alteration without prior notice. Adjustments in pricing will solely apply to orders made subsequent to such alterations. While we make efforts to accurately display price details, there may be inadvertent typographical errors, inaccuracies, or omissions pertaining to pricing and availability on occasion. We uphold the right to rectify any such errors, inaccuracies, or omissions at any time and to revoke any orders stemming from such occurrences.

4. RCCA may, from time to time, run specials and promotions on products, services and/or courses. These specials and promotions may be subject to additional terms and conditions. In the event of a conflict between these T’s and C’s and any additional terms and conditions relating to such specials and promotions, the terms and conditions of the specials and promotions shall prevail while such specials and promotions are active.

5. There may be purchase options available for RCCA products, services and courses, including payment plan options. When you purchase any products, services or courses, you agree to comply with the payment terms of your purchase.

With RCCA’s Payment Plan option, payments will extend to four (4) calendar weeks ("Payment Plan Period"), with an automatic renewal 7 (seven) days after sign-up. On the Effective Date, you'll receive access to RCCA’s products, services, and/or courses, provided that all payment information is accurate, current and complete. When you opt into RCCA’s Payment Plan option, you agree to participating in an automatic payment enrollment process ("AutoPay"), whereby your card will be stored and charged monthly (every 30 [thirty] days) until the full amount due has been fully settled.

After the Effective Date of the Payment Plan, payments will be submitted via AutoPay unless or until the plan is cancelled. The Payment Plan option may be cancelled by submitting a written request to support@therccacademy.com.

6. By purchasing RCCA products, services, and/or courses, you authorize RCCA to charge the provided payment method for the entire sum due, in accordance with the chosen and agreed-upon payment option. Purchases shall be paid in full unless RCCA has agreed to an installment payment option.

agree to bear the responsibility for ensuring that all payments are made and received punctually and assume liability for any third party in case of delayed payment. Failure to make timely payment on purchases may result in a suspension of service, products or courses and cancellation of your payment option. Late or default payments may be subject to additional charges.

Should a payment card be declined, you will receive an email notification about the declined transaction and a request to update your payment information. If a valid payment method is not provided for successful charging by midnight of the date of purchase, delivery/enrollment will be suspended until payment is made in full. Should your payment remain overdue for 5 days, your enrollment will cease. Upon successful payment, it might take 2-3 business days for your account to be reinstated.

Should RCCA not receive any due payments at the commencement of each Payment Plan Period, as agreed, and without precluding any other remedies and rights, RCCA reserves the right to withdraw and cease access to the services, products and courses, without incurring liability, until such time as all due payments have been received. Furthermore, RCCA shall have no obligation to provide any further or future services, products or courses, whether previously agreed or not, during any such unpaid Payment Plan Period. RCCA may restore membership access in the event of any default payments once all outstanding balances have been settled. All RCCA rights are reserved.

7. RCCA reserves the right to charge the provided payment method for any services, products or courses purchased. You furthermore agree to pay any additional amounts due (including taxes, late fees, or outstanding sums) that might accumulate due to or in connection with the chosen Payment Plan. Any changes to your Payment Plan will be agreed in advance.

8. Once you have purchased any RCCA products, services, and/or courses, you will be granted access to such services and/or products through your account, unless otherwise indicated.

9. The Course includes a selection of components, including supplementary offerings, which may be purchased in addition to the Course. Upon purchasing the Course, you will be granted access to the relevant components of the Course, as selected, which may include selected supplementary offerings, as applicable.

Services not included in Course selection may be purchased separately, at the sole discretion of RCCA. Pricing of individual components shall be determined by RCCA based on requirements.

C. CANCELLATIONS, REFUNDS AND CONCLUSION OF SERVICES

1. All purchases and transactions are final and you commit to remit the full payment of your purchase, as required. RCCA operates a strict no-cancellation/no-refund/no chargebacks policy, insofar as such is permitted in law.

2. Should you cancel a Payment Plan, you acknowledge and agree that no remitted fees shall be reimbursed and shall be forfeited. All services, products and courses will be suspended until such time as full payment has been received.

3. Should you temporarily suspend your Payment Plan and reinstate it at a later date, RCCA may suspend access to any services, products or courses for the duration of the Payment Plan suspension period. RCCA shall reinstate access permissions to courses, services and courses, as applicable, once you resume the Payment Plan, or within a reasonable time thereafter.

4. You shall not be entitled to any reimbursements for any payments made for RCCA products, services or courses, including the return of payments via chargebacks or payment disputes initiated by a bank, financial institution, or payment processing entity. In the event of any chargebacks, payment disputes or other such payment issues, RCCA reserves the right to restrict or withdraw access to the products, services, and courses.

D. INDEMNIFICATION; LIMITATION OF LIABILITY

1. You shall indemnify, and keep indemnified, RCCA against any loss, liability and cost which RCCA incurs as a result of you accessing, interacting with and/or using the Site other than in accordance with these T’s and C’s. You agree to hold RCCA harmless against any claims, actions, obligations, demands, legal proceedings, losses, damages, expenses, and costs stemming from or related to the Site, either directly or indirectly, now or in the future.

2. RCCA shall not be liable for any direct, indirect or consequential loss or damage (including, without limitation, loss of profits, business, anticipated savings, goodwill, use of data) caused by the use and/or reliance on, or the inability to use, the Site which results, without limitation, from inaccurate information, omissions, interruptions, suspension, errors, defects, viruses, delays in operation or transmission, or any other failure of performance with respect to the Site (unless otherwise provided for by law).

3. You confirm that RCCA shall not be liable, whether under tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution, or any other legal theory, for any loss of profits, business interruption, diminution of goodwill, similar losses, data or information corruption, pure economic loss, or for any special, indirect, or consequential losses, costs, damages, charges, or expenses that might arise under these T’s and C’s and/or any terms and conditions specifically related to any purchases made from RCCA.

4. RCCA shall not be liable and shall not be held responsible for delays or an inability to fulfil its obligations due to uncontrollable acts, incidents, omissions, or events beyond its reasonable control. These circumstances encompass, but are not limited to, labor strikes, disputes, or interruptions, the failure of essential utilities, transportation or communication networks, acts of nature, warfare, public unrest, deliberate harm, adherence to legal or governmental decrees, regulations, or directives, unforeseen mishaps, machinery breakdowns, fires, floods, storms, or failures on the part of suppliers or subcontractors.

5. You shall indemnify RCCA against all claims, losses, expenses, damages, and costs related to any breach of these T’s and C’s, material, and/or the use of or reliance upon the services, products and/or courses by you or any person acting on your behalf when opening or operating a residential child care business.

6. This indemnification and limitation of liability shall apply to RCCA and extend to its directors, employees, agents, representatives, independent contractors, licensees, and assignees, as well as its affiliated companies, including their directors, employees, agents, representatives, independent contractors, licensees, and assignees.

7. RCCA disclaims all accountability in any situation regardless of the legal or fair basis, which includes but is not confined to contract, tort, strict liability, negligence, and common law. This pertains to the Site and its content, including any RCCA services, products, and courses. This disclaimer extends to any type of damages, such as lost profits, loss of use, or any form of direct, special, indirect, incidental, punitive, or consequential damages.

8. RCCA provides no warranties, whether explicit or implied, concerning the services, to the maximum extent allowed by relevant law. All conditions, warranties and representations, expressed or implied by (i) statute, (ii) common law or (iii) otherwise, including, without limitation, conditions, warranties or representations of fitness for a particular purpose or satisfactory quality, are excluded to the fullest extent permissible by law. You acknowledge that your sole option in such cases would be to terminate the service. Our sole and absolute highest liability, for any cause, and your exclusive and only remedy for any reason whatsoever, will be restricted to the actual amount you paid for the products, services, or courses you obtained through the Site.

E. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

1. You agree that any disputes, claims or controversies (regardless of their basis, whether arising from contract, tort, or any other grounds, irrespective of their timing, including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and RCCA, emanating from or linked to your access to interaction with, use of the Site, these T’s and C’s or any terms and conditions specifically related to RCCA products, services and courses, will be exclusively resolved through binding arbitration.

2. You agree to abstain from commencing any legal actions in court or before a jury for any claims relating to these T’s and C’s, including (but not necessarily limited to) RCCA’s products, services and courses. You agree not to engage in a class or representative actions against RCCA, its directors, employees, agents, representatives, independent contractors, licensees, and assignees, as well as its affiliated companies, including their directors, employees, agents, representatives, independent contractors, licensees, and assignees.

Arbitration shall be managed by the American Arbitration Association ("AAA") in alignment with the current Consumer Arbitration Rules (the "AAA Rules"), except for modifications presented in the relevant Section.

The arbiter shall hold exclusive jurisdiction in settling conflicts concerning the eligibility and/or enforceability of this arbitration clause. This encompasses addressing contentions involving unconscionability or other arguments challenging the nullity, voidability, or lack of validity of the arbitration provision or the T’s and C’s themselves. The arbiter shall be authorized to provide remedies that are permissible in a court of law or equity. All determinations reached by the arbiter(s) will be final and binding on all involved parties, and they hold the potential to be acknowledged as a judicial decree within a legally competent jurisdiction.

3. You acknowledge the necessity of engaging in arbitration solely as an individual participant. In the event of any dispute, neither you nor RCCA shall be entitled to amalgamate or unite claims made by or against other clients either through judicial action or arbitration. You agree not to participate in any claim as a representative of a class, a member of a class, or in the capacity of a private attorney general. The arbitration panel is precluded from consolidating the claims of multiple individuals and is further prohibited from overseeing any mode of representative or class proceedings. The arbitration panel is not vested with the authority to scrutinize the validity of this renunciation of class arbitration, and any objections to such a renunciation may solely be raised within an appropriate court jurisdiction

F. GENERAL

1. Our Site may contain links to third-party applications and/or websites that are not owned or controlled by RCCA. RCCA cannot accept liability or responsibility for any statements, information, products, services or policies that are accessed or provided to you through any external third-party links. We advise you to read the privacy statements and Terms of Use of these third-party links. These third-party links have been provided for convenience and information purposes only and shall not be deemed an endorsement by us of the content thereof. We have no responsibility for the content of such third-party links and accept no liability for any losses whatsoever that may be incurred as a result of any linking to such.

2. We may make changes and/or effect upgrades to the Site from time to time (including without limitation to its operation, appearance or information made available on it). We will notify you either clearly on the home page of the Site or by email that changes/upgrades will be made to the Site and when they become effective.

3. RCCA holds exclusive ownership of all intellectual property rights in relation to the Site, including RCCA products, services, and courses. RCCA shall maintain complete ownership, title, and interest over its intellectual property, along with any systems and materials employed to render these, as applicable, encompassing all modifications, enhancements, updates, and derivative works.

Nothing contained herein shall have the effect of bestowing upon you any privileges in, or ownership of, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses linked to the Site, or any RCCA products, services, or courses.

Any use of RCCA intellectual property beyond the scope of these T’s and C’s shall require the prior written consent from an authorized representative of RCCA. Any unauthorized use or misappropriation of any intellectual property or trade secrets belonging to RCCA may lead to legal action for enforcement or pursuit of compensation for damages. RCCA hereby reserves the right to initiate proceedings in response to any misuse or unauthorized dissemination and utilization of its intellectual property by you, any third party, or any affiliate associated with you.

4. These T’s and C’s do not establish any legal agency, partnership, employment or joint venture between you and RCCA.

5. You consent to RCCA publishing its association with you and/or your organization in its promotional literature and marketing resources. You hereby grant permission for your inclusion in such promotional material, which may encompass images, text, feedback, quotes or condensed versions of reviews or comments, including your name, industry, and website linked to your account.

6. Our failure to enforce any of the rights or provisions afforded to us under these Ts and Cs will not be considered a waiver of those rights. If any of the provisions of these Ts & Cs is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

7. RCCA may at any time and from time to time without your prior consent assign, novate or transfer the whole or any portion of these T’s and C’s or RCCA’s rights and obligations hereunder to any of its subsidiaries, affiliates or direct or indirect shareholders and the you agree and undertake to execute and deliver forthwith any document, agreement, deed or instrument required to effectuate any assignment, novation or transfer pursuant to this clause. The rights and obligations of these T’s and C’s shall be binding upon and inure to the benefit of each of the respective successors and permitted assigns.

You are prohibited from transferring your obligations or any portion thereof, or from transferring or licensing your entitlements to any third party.

8. These T’s and C’s are governed by and shall be construed in accordance with the laws of the State of Texas, United States of America. You agree to submit to the exclusive jurisdiction of the state of Texas courts.

Contact Us:

If you have any questions about these Ts & Cs, please feel free to contact us at support@therccacademy.com

September 2023