RAPID SYSTEM CLEANER END USER LICENSE AGREEMENT
NOTICE: Last Updated July 28, 2015
PLEASE REVIEW THIS LICENSE FOR USE OF OUR WEBSITE, OUR SOFTWARE, AND OUR SERVICES. THIS LICENSE REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION.
YOUR RAPID SYSTEM CLEANER SUBSCRIPTION PURCHASE INCLUDES AUTOMATIC RENEWAL SERVICE. AT THE END OF YOUR SUBSCRIPTION PERIOD, THE SERVICE WILL BE RENEWED AND YOUR CREDIT CARD WILL BE CHARGED THE SAME RATE AS WHEN YOU PURCHASED YOUR SUBSCRIPTION (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. AT ANY TIME AFTER YOUR PURCHASE, YOU MAY CHANGE YOUR SUBSCRIPTION SETTINGS, INCLUDING CANCELLING YOUR AUTOMATIC RENEWAL BY CONTACTING SUPPORT AT PAYMENTS@RAPIDUTILITIES.COM . TO OPT OUT OF Rapid System Cleaner AUTOMATIC RENEWAL SERVICE: SEND AN EMAIL TO PAYMENTS@RAPIDUTILITIES.COM WITH THE SUBJECT LINE "OPT OUT" ALONG WITH THE EMAIL USED TO BUY THE SERVICE AND WE WILL OPT YOU OUT OF THE RAPID SYSTEM CLEANER AUTOMATIC RENEWAL SERVICE.
The Rapid Utilities software, including the Rapid PC Cleaner program, and programs owned by Rapid Utilities, the documentation and any fonts accompanying this License; whether on disk, in read-only memory, on other media or in any other form (collectively "Software"); are licensed to you by Rapid Utilities. The Software and any extra copies that this License authorizes you to make are respectively subject to this License. By installing or otherwise using the Software, you: (a) agree to be bounded by the terms of this License, (b) you are the owner or an authorized user of the computer in which the Software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions herein.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
The effectiveness of the Software's ability to improve the performance, stability, or operations of a PC depends on numerous factors, including the root cause of problems affecting the computer's condition. The Software's scan cannot detect all errors that may impair a computer's functionality, and thus running a repair with the Software will not always result in the elimination of harmful software and/or hardware problems.
2. PERMITTED USES AND RESTRICTIONS
This License permits you to install and implement the Software on your private computer. Any saved or archived version of the Software must include all copyright information and related License documentation contained on the original. You may NOT de-compile, disassemble, reverse engineer, modify, lease, rent, distribute, make commercial use of, or create derivative works based on the Software, either in whole or in part. Your rights, under this License will terminate automatically and without notice if you fail to comply with any term(s) of this License.
3. PERSONAL USE ONLY RESTRICTIONS
The Software is available for non-commercial and personal use only. You may NOT modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Software without express written consent. Implementing the Software for any purpose(s) other than personal use is expressly forbidden.
4. AGE REQUIREMENT
You must be 13 years of age or older to install or to use the Software. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this License with you, discuss any questions you might have, and install the Software for you.
5. THIRD-PARTY PAYMENT PROCESSOR
In the event you purchase a paid version of Rapid System Cleaner, your payment information will be collected and processed by a 3rd party payment processor called Stripe. For information on Stripe, please visit this website: http://www.Stripe.com.
6. RETURNS AND TRIALS
Returns: We do not accept returns of any software license. ALL SALES ARE FINAL. Trials: In the event a trial is offered, you sign up for a trial, you are entitled to a full license version of the software for the trial period disclosed in the offer. After the trial period ends, you will be given the opportunity to purchase the full or Premium license for your selected application, and the license fee will subsequently be charged or debited to the credit or debit card you provide to continue your selected software application and license, or, if you choose not to purchase the software license, your trial will end, and your license will terminate automatically or may revert to a free limited functionality license if one exists for the software product you have selected.
7. ACKNOWLEDGEMENT OF CLOUD-BASED DATA COLLECTION
8. ACKNOWLEDGEMENT OF AUTOMATIC SCANS
By agreeing to this License, you acknowledge that the Software includes technology that allows Rapid Utilities to automatically scan your computer to provide the Service. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software scanning. This is a condition of using the Software.
9. ACKNOWLEDGEMENT OF UPDATES
By agreeing to this License, you acknowledge that the Software includes technology that allows Rapid Utilities to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software and technology through which Rapid Utilities keeps the Software and other Rapid Utilities programs current. This is a condition of using the Software.
Registration. You may be required to register in order to download Rapid Utilities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access the Software.
Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify Rapid Utilities immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If Rapid Utilities has reasonable grounds to suspect that the security of your Password and/or ID has been compromised, Rapid Utilities may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Rapid Utilities shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
11. COMPLIANCE WITH LAWS
As a condition precedent to your implementation of the Software, you agree to comply with all laws and regulations that apply to your use of Software. These laws include, but are not limited to, US and international copyright laws and all intellectual property laws, as well federal, state and local statutes.
12. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Rapid Utilities MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE GENERAL OPERATION OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Rapid Utilities EXPRESSLY DISCLAIM ANY WARRANTY THAT OUR SECURITY IS REASONABLE OR COMPLIES WITH INDUSTRY STANDARDS. Rapid Utilities EXPRESSLY DISCALIMS, TO THE EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES; INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Rapid Utilities DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. Rapid Utilities DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE. Rapid Utilities DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SOFTWARE OR THOSE RECEIVED THROUGH THE Rapid Utilities WEB SITE OR THROUGH ANY USE OF THE SOFTWARE OR ANY OTHER Rapid Utilities PROGRAMS(S). Rapid Utilities DOES NOT WARRANT THAT THE SOFTWARE, THE Rapid Utilities SERVERS, OR E-MAIL SENT FROM Rapid Utilities ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DISALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL Rapid Utilities BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO, DAMAGES FOR NEGLIGENCE, DEFAMATION, COPYRIGHT INFRINGEMENT OR ANY OTHER CLAIMS ARISING FROM OR IN CONNECTION WITH THE USE OF THE SOFTWARE; THE DELAY OR INABILITY TO IMPLEMENT THE SOFTWARE; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES FOR ANY INFORMATION, PRODUCTS, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SOFTWARE OR OTHERWISE ARISING FROM THE USE OF THE SOFTWARE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMARE UTILITIES, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF THE LICENSE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
This Binding Arbitration and Class Action Waiver (this "Waiver") applies to any and all disputes arising between you and Rapid Utilities regarding these terms and the Rapid System Cleaner service. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you must provide Rapid Utilities with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Rapid Utilities, 15880 Summerlin Rd. #300-244, Ft. Myers, FL 33908. Attention: Legal
If you or Rapid Utilities do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act ("FAA"). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. You agree to commence arbitration only in Kansas City, Missouri.
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
16. INTELLECTUAL PROPERTY
The Software, including all code, content, protocols, software, and documentation provided to you by Rapid Utilities are Rapid Utilities' property or the property of Rapid Utilities' licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice Rapid Utilities have placed on the Software. All rights not expressly granted hereunder are expressly reserved to Rapid Utilities and its licensors.
The Rapid Utilities name, logos and affiliated properties, are the exclusive property of Rapid Utilities. All other trademarks appearing on any Software are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Software. The trade names, trademarks and service marks owned by Rapid Utilities, whether registered or unregistered, may not be used in connection with any product or service that is not Rapid Utilities', in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
17. POLICY MODIFICATIONS
We reserve the right to change this EULA Policy periodically. Any and all changes will be posted at http://rapidutilities.com/legal/terms. Please check this page from time to time for the most up-to-date information.
If you have any questions or concerns regarding this agreement, please feel free to contact us at email@example.com.
18. OPEN SOURCE
The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the "Open-Source Licenses.txt" file included with the distribution of the Software.
19. GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
This Agreement shall be interpreted and enforced in all respects under the laws of the State of Missouri, USA as applicable to contracts to be performed entirely within the State of Missouri, USA. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in Kansas City, Missouri, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No failure or delay by Rapid Utilities in exercising any right, power or privilege under this License will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this License. If any provision of this License shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this License, feel free to contact us at: firstname.lastname@example.org.