TERMS AND CONDITIONS

Version 1.0

Last modified: January 26, 2022.
This is the first version of The Staffing Shop LLC Terms and Conditions.

Effective Date: January 26, 2022.

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE STAFFING SHOP LLC APPLICATION AND/OR USING OUR SERVICE.

THE STAFFING SHOP LLC Terms and Conditions (“User Terms”) constitute a legally binding agreement between THE STAFFING SHOP LLC (“THE STAFFING SHOP LLC” “we”, “us”, or “our”), its related software application and platform (hereafter, collectively referred to as the “THE STAFFING SHOP LLC Service”) and you the user of THE STAFFING SHOP LLC Service, collectively known as The User/s (Service Provider/ Service Receiver). BY USING THE STAFFING SHOP LLC SERVICE IN ANY FORM OR FASHION), YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND THE STAFFING SHOP LLC PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE STAFFING SHOP LLC SERVICE.

THE USER TERMS ARE INTENDED FOR ALL USERS OF THE STAFFING SHOP LLC SERVICE, INCLUDING THOSE WHO REGISTER AN ACCOUNT IN OUR APP RPh NOW. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.

THE STAFFING SHOP LLC Service: Overview and General Exclusions.

Overview: THE STAFFING SHOP LLC provides a mobile on demand services platform vis it’s RPh THE STAFFING SHOP LLC provides a mobile on demand services platform vis it’s RPh NOW App, whereby Service Providers, as define herein, can directly connect with Pharmacies as defined herein, (collectively known as The Users) to offer their services in the eventuality that such Pharmacies need their services. Users can access THE STAFFING SHOP LLC Service through the use of THE STAFFING SHOP LLC mobile application RPh NOW App and can be accessed by you on your mobile device (smart phone). THE STAFFING SHOP LLC does not provide any services nor creates any work for hired or any work-related obligation between the two parties, as further described below.

General Exclusions: THE STAFFING SHOP LLC service via it’s RPh NOW App will be only available to Licensed Pharmacist, and Registered Pharmacies. A licensed Pharmacist (“service provider”) shall be define as a natural person validly registered and licensed in Puerto Rico to practice as a pharmacist, as defined by the laws of Puerto Rico and any applicable federal law. A pharmacy (service receiver) shall be defined as a validly and fully authorized registered pharmacy to dispense and distribute any medication in the jurisdiction in Puerto Rico, as defined by the laws of Puerto Rico and any applicable federal law.

Limited Liability- THE STAFFING SHOP LLC nor its RPh NOW App is not directly involved in or otherwise a party to any transactions that may take place between the service provider and/or the service receiver. THE STAFFING SHOP LLC has no control over the quality, safety, or legality of any aspect of Providers’ services or offerings or any claims made by Service Providers about the services they offer, the ability of Providers to provide the services offered, or the ability of Receivers to pay for Provider’s services. THE STAFFING SHOP LLC does not conduct background checks regarding any users.

THE STAFFING SHOP LLC, via its RPh NOW App, do request from the Service Providers a pharmacist or technician license for the exclusive task to send such information to the Service Receiver. THE STAFFING SHOP LLC does not guaranty nor assure the validity of such documents. Such responsibility and duty to corroborate such information will be held exclusively by the Service Receiver and the service providers waives any claims against THE STAFFING SHOP LLC for the validity of such documents. THE STAFFING SHOP LLC, via it’s RPh NOW App shall only assist as an on-demand platform to forward any information from one party to the other.

USER UNDERSTANDS THAT BY USING THE STAFFING SHOP LLC AND ITS RPh NOW App, ANY SERVICE HIRED OR PROVIDED DIRECLY BY THE SERVICE PROVIDER AND OR ANY SERVICE RECEIVED BY SERVICE RECEIVER/ OR ANY CLAIM ARISING FROM THIS RELATIONSHIP SHALL NOT BE BINDING TO THE STAFFING SHOP LLC. NO EMPLOYEE/EMPLOYER CONTRACT/ RELATIONSHIP OR LEGAL AGREEMENT WILL EXIST BETWEEN THE STAFFING SHOP LLC AND/OR THE SERVICE PROVIDER/RECEIVER IN CONECTION WITH THE SERVICE PROVIDE OR RECEIVED. ANY CLAIM OR LIABILITY ARISING FROM ANY SERVICE, SUCH AS, BUT NOT LIMITED TO WORKERS COMPENSATION OR ANY WORK-RELATED LIABILITY OR RESPONIBILITY SHALL BE MADE BETWEEN THE SERVICE PROVIDER AND/OR SERVICE RECIEVER DIRECTLY WHERE SUCH RELATIONSHIP EXISTS, AND THE USER SHALL HELD HARMLESS THE STAFFING SHOP LLC, ITS AFFILIATES, MEMBERS AND DIRECTORS OF ANY CLAIM OR LIABILITY ARISING FROM ANY SERVICES PROVIDED BY A SERVICE PROVIDER, AS STATED BELOW.

SERVICE PROVIDER/RECEIVER SHALL BE SOLELY RESPONSIBLE FOR ANY WORKERS COMPENSATIONS, INSURANCE, AND/OR ANY LEGAL RESPOSIBILITY REGARDING PAYMENTS, TAXES OR DEDUCTIONS REQUIERED BY THE LAWS OF PUERTO RICO AND/OR FEDERAL LAWS. THE STAFFING SHOP LLC SHALL NOT BE HELD LIABLE FOR ANY CLAIM ARISING FROM ANY UNDEDUCTED PORTION OR ANY LEGAL OR TAX RESPOSABILITY REGARING THE SERVICE PROVIDED BETWEEN THE SERVICE PROVIDER/RECEIVER, AS STATED BELOW.

BY USING THE STAFFING SHOP LLC VIA ITS RPh NOW App OR ANY PORTION THEREOF, YOU AGREE THAT THE STAFFING SHOP LLC AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE STAFFING SHOP LLC SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE STAFFING SHOP LLC SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE STAFFING SHOP LLC SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE STAFFING SHOP LLC SERVICE, (c) YOUR FAILURE TO PROVIDE THE STAFFING SHOP LLC WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE STAFFING SHOP LLC SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

THE STAFFING SHOP LLC AND/OR IT’S RPh NOW App, AND/OR ITS AFFILIATES PROVIDE THE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE STAFFING SHOP LLC SERVICE VIA IT’S RPh NOW App IS AT YOUR SOLE RISK AND THAT THE STAFFING SHOP LLC AND IT’S AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE STAFFING SHOP LLC SERVICE VIA IT’S RPh NOW App WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE STAFFING SHOP LLC SERVICE VIA IT’S RPh NOW App WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE STAFFING SHOP LLC SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE STAFFING SHOP LLC SERVICE WILL BE CORRECTED. THE STAFFING SHOP LLC AND/OR IT’S RPh NOW App, IT’S AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE STAFFING SHOP LLC OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Registration.

In addition to our Privacy Policy, Registration with THE STAFFING SHOP LLC Service via it’s RPh NOW App is subject to the following terms and conditions:

(a) Eligibility: By registering with THE STAFFING SHOP LLC, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, license, and credit card or financial account payment information (Service Receiver) is completely accurate and truthful. THE STAFFING SHOP LLC may, in our sole discretion, refuse to offer access to or use of THE STAFFING SHOP LLC Services to any party and change the eligibility criteria at any time. By registering with THE STAFFING SHOP LLC, you represent that if you are an individual, you are of legal age in Puerto Rico, have a valid Pharmacy or Technician License, and/or are legally conducting a business in Puerto Rico. You also represent that you have the legal capacity to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to these User Terms and register for THE STAFFING SHOP LLC Service.

(b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and/or damage resulting from your failure to maintain password confidentiality. You agree to immediately notify THE STAFFING SHOP LLC of any unauthorized use of your password or any breach of security. You also agree that THE STAFFING SHOP LLC shall not be liable for any loss or damage arising from your failure to keep your password secure.

(c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated herein as well as all other operating rules, policies and procedures that may be published from time to time via THE STAFFING SHOP LLC Service app, each of which is incorporated herein by reference and each of which may be updated by THE STAFFING SHOP LLC from time to time without notice to you.

How to use THE STAFFING SHOP LLC via the RPh Now App

THE STAFFING SHOP LLC Service via the RPh NOW App offers a free platform for the service provider. Once the service provider enrolls and complies with providing with the information, including an approximate hourly rate, and documents requested, the RPh Now App will set and match the availability of workable hours of the service provider with the necessity of the service receiver.

The Service Receiver must also enroll via the RPh Now App and set all the available workable and location of the designated pharmacy requesting such service, including an hourly rate payable to the Service Provider. The Service Provider must inform the available hours and hourly rate for that specific work before that the Service Provider accepts the offer. THE STAFFING SHOP LLC will charge the Service Receiver a predetermined fee for the transaction as stated on this Terms and Conditions.

Charges and Cancellations

CHARGES: Once the Service Provider confirms the availability and accepts to render the services as requested by the Service Receiver, THE STAFFING SHOP LLC will charge a 10% upfront of the total amount to be paid to the Service Provider.

CANCELLATION POLICY: All charges are subject to our cancellation policy as stated here:

1. If the Service Provider cancels the service before rendering any service, a full refund of the fee charged will be disbursed to the Service Receiver.

2. If the Service Receiver cancels the service before receiving any service, THE STAFFING SHOP LLC will not reimburse the fee charged.

Your Use of THE STAFFING SHOP LLC Service via the RPh Now App

By using THE STAFFING SHOP LLC Services, via the RPh Now App, you agree to the following restrictions on your use of THE STAFFING SHOP LLC Service:

You warrant that the information you provide to THE STAFFING SHOP LLC via it’s RPh Now App is accurate and complete. THE STAFFING SHOP LLC is entitled at all times to verify – but no obligated to- the information that you have provided and to refuse THE STAFFING SHOP LLC or access to the RPh Now App for any reason or no reason. You may only access THE STAFFING SHOP LLC Service via it’s RPh Now App using authorized means. THE STAFFING SHOP LLC is not liable if you do not have a compatible mobile device. THE STAFFING SHOP LLC reserves the right to terminate THE STAFFING SHOP LLC or restrict the access to it’s RPh Now App should you attempt to access RPh Now App Service with an incompatible or unauthorized device.

You will only use the RPh Now App for your sole, personal use and will not resell it to a third party;

You will not authorize others to use your account; You will not assign or otherwise transfer your account to any other person or legal entity;

You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

You will not use RPh Now App for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; You will not use the v RPh Now App to cause nuisance, annoyance or inconvenience; You will not try to harm the RPh Now App or impair the proper operation of any related network, platform or application in any way whatsoever; You will not copy, or distribute the RPh Now App, code, or any portion or feature thereof without advance written permission from THE STAFFING SHOP LLC; You will keep secure and confidential your account password or any identification we provide you which allows access to the RPh Now App; You will provide us with whatever proof of identity or license as we may reasonably request; You are aware that when requesting services by SMS, standard messaging charges will apply; You will not use the RPh Now App with an incompatible or unauthorized device or computer; You will comply with all applicable laws and regulations while using the RPh Now App. THE STAFFING SHOP LLC reserves the right to immediately terminate RPh Now App service should you not comply with any of the foregoing. You will comply with all applicable law of Puerto Rico and applicable Federal Laws. THE STAFFING SHOP LLC reserves the right to immediately terminate the RPh Now App Service should you not comply with any of the foregoing.

Push notifications/Calendar Access/ Photo Access

RPh Now uses your device “push notifications” feature to display outside the app’s normal interface, meaning that the message will appear on screen without you having to tap the RPh Now App icon. A push notification can be triggered to appear on your home screen. Only if you authorized it, you will receive push notification from the RPh now app. Nonetheless, you don’t need to consent to the push notification in order for the RPh now app to work or function.

If you grant permission to the RPh Now App., to better provide our services, we will request your permission to access your photos and calendar. We will request permission to access your photos in order to upload your license information and a picture of the user. We will also request permission to access your calendar in order to schedule the available working shift that you programmed for the pharmacy.

Data/Account Deletion Policy

RPh Now App will provide a consistent account deletion experience withing the app. Once you have requested to delete your account, we will receive the deletion request. Deletion will not be instant. When you delete your account withing the app, RPh Now will make our best effort to delete all personal data associated with your account within the time frame of 30 days. Please, provide us with 30 days to complete your request However, it’s important for the user to know and understand that we are required to retain past transaction information for financial reporting purposes, and we may be required to retain certain information to comply with a court settlement or other ongoing administrative or legal procedure or investigation. For more information you can send us an email to:hello@rphnow.com

Payments.

THE STAFFING SHOP LLC uses a third-party payment processor (the “Payment Processor”) to link your credit card account to THE STAFFING SHOP LLC Service. The processing of payments or credits, as applicable, in connection with your use of the RPh Now App will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. THE STAFFING SHOP LLC is not responsible for any errors by the Payment Processor and you hereby agree to release THE STAFFING SHOP LLC from all liability arising from any acts or omissions of Payment Processor. In connection with your use of THE STAFFING SHOP LLC Service, THE STAFFING SHOP LLC will obtain certain transaction details, which shall be maintained in accordance with THE STAFFING SHOP LLC ’s Privacy Policy.

No Employment/Agent/Broker Relationship.

THE STAFFING SHOP LLC via it’s RPh Now App is not an employment service and does not serve as an employer of any user of the RPh Now App. THE STAFFING SHOP LLC is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the RPh Now App Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, THE STAFFING SHOP LLC is not acting and does not act as an agent or broker for any Service Provider/Receiver s, or any other user of THE STAFFING SHOP LLC Service or it’s RPh Now App.

Indemnification.

By using the RPh Now App, you agree that you shall defend, indemnify and hold THE STAFFING SHOP LLC , its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers/Receivers arranged via the RPh Now App, or (c) your use or misuse of the RPh Now App.

Disclaimer.

The information, recommendations and/or services provided to you on or through the RPh Now App is for general informational purposes only and does not constitute any advice. THE STAFFING SHOP LLC does not guarantee continuous, uninterrupted access to the RPh Now App. Although THE STAFFING SHOP LLC attempts to maintain the integrity and accuracy of the information accessible through the RPh Now App, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the RPh Now App may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the RPh Now App by other users or third parties without THE STAFFING SHOP LLC ’s knowledge, for example when doing an app maintenance. THE STAFFING SHOP LLC cannot and does not guarantee that the content of the RPh Now App is free of errors, defects, malware and viruses. THE STAFFING SHOP LLC reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.

THE STAFFING SHOP LLC under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider/ Receiver and you hereby agree to release THE STAFFING SHOP LLC from all liability and claims arising from the foregoing. Any complaints by the Service Receiver about the services provided by the Service Provider should therefore be submitted to the Service Provider Directly.

License Grant, Restrictions and Copyright Policy.

For purposes of these Terms and Conditions, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (including THE STAFFING SHOP LLC mobile application RPh Now App), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“THE STAFFING SHOP LLC Content” means Content owned or used by THE STAFFING SHOP LLC, its affiliates or licensors and made available through the RPh Now App, including any Content licensed from a third party, but excluding User Content.

“User Content” means Content that THE STAFFING SHOP LLC user creates, posts, uploads, publishes, submits or transmits to be made available on the RPh Now App. “Collective Content” means, collectively, THE STAFFING SHOP LLC Content and User Content.

Subject to your compliance with these Terms and Conditions, THE STAFFING SHOP LLC grants you a limited, non-exclusive, non-transferable license: to view, download and print any THE STAFFING SHOP LLC Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the RPh Now App or Collective Content, except as expressly permitted in these Terms and Conditions. You may not reuse any Collective Content without first obtaining the written consent of THE STAFFING SHOP LLC. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by THE STAFFING SHOP LLC or its licensors, except for the licenses and rights expressly granted in these User Terms.

License Granted by User: Review Policy

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the THE STAFFING SHOP LLC Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, THE STAFFING SHOP LLC shall have the right and you hereby grant THE STAFFING SHOP LLC the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on THE STAFFING SHOP LLC website or through THE STAFFING SHOP LLC is Service (“License Grant”). You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant THE STAFFING SHOP LLC the rights granted in the License Grant without restriction.

You acknowledge that THE STAFFING SHOP LLC only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. THE STAFFING SHOP LLC does not continuously monitor User Content published by you or any other user or moderate between users and THE STAFFING SHOP LLC is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of THE STAFFING SHOP LLC. Any use by you of the User Content is entirely at your own risk.

You agree to indemnify and hold harmless THE STAFFING SHOP LLC, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by THE STAFFING SHOP LLC or its affiliated companies related to any Content posted or transmitted by you or your other use of THE STAFFING SHOP LLC Service.

THE STAFFING SHOP LLC reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which THE STAFFING SHOP LLC believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to THE STAFFING SHOP LLC.

THE STAFFING SHOP LLC Mobile Application License: RPh Now App

Subject to your compliance with these Terms and Conditions, THE STAFFING SHOP LLC grants you a limited non-exclusive, non-transferable license to use RPh Now App mobile application and to access THE STAFFING SHOP LLC services via a single mobile device that you own or control and to run such copy of RPh Now App mobile application solely for your own personal use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the RPh Now App mobile application in any way; (ii) modify or make derivative works based upon the THE STAFFING SHOP LLC Service or RPh Now App mobile application; (iii) create Internet “links” to the Service or “frame” or “mirror” the RPh Now App mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the RPh Now App mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of THE STAFFING SHOP LLC Service or RPh Now App mobile application, or (c) copy any ideas, features, functions or graphics of THE STAFFING SHOP LLC Service or RPh Now App mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants,web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of THE STAFFING SHOP LLC Service or RPh Now App mobile application.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of RPh Now App or the data contained therein; or (v) attempt to gain unauthorized access to RPh Now App or its related systems or networks.

THE STAFFING SHOP LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. THE STAFFING SHOP LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that THE STAFFING SHOP LLC has no obligation to monitor your access to or use of the RPh Now App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the RPh Now App, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. THE STAFFING SHOP LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that THE STAFFING SHOP LLC, at its sole discretion, considers to be in violation of these Terms and Conditions or otherwise harmful to the RPh Now App.

Intellectual Property Ownership.

THE STAFFING SHOP LLC (and its licensors, where applicable) own all rights, titles and interest, including all related intellectual property rights, in and to the RPh Now App and any suggestions, ideas, enhancement, requests, feedback, recommendations or other information provided by you or any other party relating to the RPh Now App, in which you hereby assign all rights, title and interest to THE STAFFING SHOP LLC.

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the RPh Now App or any intellectual property rights owned by THE STAFFING SHOP LLC. THE STAFFING SHOP LLC ’s and the RPh Now App name, logo, and the product names associated with RPh Now App Service are trademarks of THE STAFFING SHOP LLC, its affiliated companies or third parties, and no right or license is granted to use them.

Termination of the Agreement.

The agreement between THE STAFFING SHOP LLC and you embodied by these Terms and Conditions may be terminated at any time. If you wish to terminate the Agreement, you must permanently delete the RPh Now App application installed on your smart phone, thus disabling your use of the RPh Now App.

THE STAFFING SHOP LLC is entitled to terminate this Agreement at any time and with immediate effect (by disabling your use of the RPh Now App). THE STAFFING SHOP LLC is not obliged to give notice of the termination of the Agreement in advance. After termination, THE STAFFING SHOP LLC will give notice thereof if required by these Terms and Conditions.

Invalidity of one or more provisions.

If any provision of these Terms and Conditions should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render these Terms and Conditions (as modified) legal and enforceable to the maximum extent permitted under applicable laws.

Modification of the Service and User Terms.

THE STAFFING SHOP LLC may change these Terms and will post and notify the user the modified terms (which shall then become the agreement between you and THE STAFFING SHOP LLC) with the new effective date listed above. THE STAFFING SHOP LLC will also give you prior notice that the Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. THE STAFFING SHOP LLC also encourages you to check the terms of these Terms and Conditions from time to time to see if they have been updated. If you do not agree to the modified Terms and Conditions, your sole recourse is to stop using the RPh Now App. Your continued use of the RPh Now App after the date the modified Terms and Conditions are posted will constitute your acceptance of the modified User Terms.

Notice.

THE STAFFING SHOP LLC may give notice by means of a general notice on the RPh Now App, or by electronic mail to your email address on record in RPh Now App account information, or by written communication sent by regular mail to your address on record in the RPh Now App account information.

Assignment.

You may not assign your rights under these Terms and Conditions without prior written approval of THE STAFFING SHOP LLC.

Applicable law and Dispute Resolution.

The Terms and Conditions and the resolution of any dispute related to these Terms and Conditions will be governed and interpreted by and under the laws of the Commonwealth of Puerto Rico, without giving effect to any conflicts of laws principles that require the application of the law of a different state. These Terms shall be interpreted by the Laws and Regulations of the Commonwealth of Puerto Rico.

Contact Us.

If you have any questions about the User Terms of the THE STAFFING SHOP LLC, please contact us at: Email hello@RPHnow.com Address: Rd 130, Km 4.9, Hatillo PR 00659-1323