Terms and Conditions

Last updated: June 29, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.homehealthpatienteducation.com website (the “Service”) operated by Pear Solutions LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly and semi-annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Pear Solutions LLC cancels it. You may cancel your Subscription renewal through your online account management page.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Pear Solutions LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Pear Solutions LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Fee Changes

Pear Solutions LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

If we fail to provide you with notice of the fee change, your sole remedy or recourse against us is a refund of any amounts charged in excess of the previous fee amount. We are not responsible for bank overdraft fees or any other expenses or damages you suffer as a result of the change.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Therefore, the refund mentioned in the previous paragraph is limited to the first time you are charged after the subscription fee increase.

Cancellation Policy

We understand that circumstances can change, and sometimes our customers need to cancel their service. If you have signed up for our subscription service and wish to cancel, you can do so by logging into your account and cancelling your subscription. You can also contact us via email or phone to cancel your subscription.

We understand that sometimes circumstances can change unexpectedly, and our customers may need to cancel their service. If you are experiencing financial hardship, please reach out to us, and we will do our best to work with you to find a solution.

If you have any questions or concerns about our service cancellation policy, please don’t hesitate to contact us. We’re here to help.

Refunds

Except when required by law or this agreement, paid Subscription fees are non-refundable. If you cancel the subscription after your subscription is renewed, no future billing will happen. However, we may not be able to issue a refund for the subscription fees which are already billed. We recommend contacting us for assistance if you experience any issues receiving or using our products. If you have any questions about our cancellation Policy, please contact us.

 Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Pear Solutions LLC and its licensors. The Service and all contents are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade names may not be used in connection with any product or service without the prior written consent of Pear Solutions LLC.

No permission is given by Pear Solutions LLC in respect of the use of any such trademarks, product names, brand names, company names, titles, copyrights or logos.

All design, text and graphics displayed on the Service and the selection or arrangement thereof are the copyright of Pear Solutions LLC. You are granted permission to electronically copy portions of the Service for the sole purpose of your own personal development. Any use of materials on the Service (including but not limited to reproduction for purposes other than those noted above and modification, distribution or republication) without the prior written permission from Pear Solutions LLC is strictly prohibited.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Pear Solutions LLC

Pear Solutions LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Pear Solutions LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Pear Solutions LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Pear Solutions LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Pear Solutions LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Any lawsuit  that arises out of the use of this website or the agreement between you and us, must be brought in the State of Texas and must follow the State’s venue statutes.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If we fail to give notice of the change, your sole remedy or recourse against us is to not have the change enforced against you. However, a change will be effective against you if it has been posted on the website for at least 60 days even if you did not receive notice of the change.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.