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Terms & Conditions


Carefully read the following license agreement.

You accept and agree to be bound by this license agreement by clicking the icon labeled "I accept" or putting a check in the check box indicating that you have read this agreement and accept it's terms.

If you do not agree to this license, your order will be canceled, the product will not be downloaded and you will not be charged.


License Grant

"You" means the person or company who is being licensed to use the "Product" (the "Product" may refer to: Software, Training, Documentation, or Membership Site). "We," "us" and "our" means Rapid Crush, Inc.

We hereby grant you a nonexclusive license to use the Product for your own personal use.

Title

We are resellers of the Product and the author of the Product, who has granted us a license to sell this Product, remains the owner of all right, title and interest in the Product and related materials (such as Documentation).

Things You May Not Do

The Product and accompanying materials are protected by United States copyright laws and international treaties. You must treat the Product like any other copyrighted material-for example, a book. You may not:

Copy the Documentation,

Copy the Product except to make archival or backup copies as provided above,

Modify or adapt the Product or merge it into another program,

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Product,

Place the Product onto a server so that it is accessible via a public network such as the Internet, or

Sublicense, rent, lease or lend any portion of the Product or Documentation.

Transfers

You may NOT transfer all your rights to use the Product and Documentation to another person or legal entity without express written permission from the product author.

Limited Warranty

We warrant that for a period of 90 days after delivery of this copy of the Product to you:

The media on which this copy of the Product is provided to you will be free from defects in materials and workmanship under normal use, and

The Product will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair or replace the Product or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE Product (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your purchase of the Product and remains effective until terminated. You may terminate it at any time by destroying all copies of the Product and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Product and Documentation in your possession.

Confidentiality

The Product contains trade secrets and proprietary know-how that belong to the author and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE PRODUCT, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF THE AUTHOR'S TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Rapid Crush, Inc. and/or its affiliates' intellectual property rights, Rapid Crush, Inc. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: City of Santa Clarita, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: City of Santa Clarita, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

General Provisions

  1. This written license agreement is the exclusive agreement between you and us concerning the Product and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Product.
  2. This license agreement may be modified only by a writing signed by you and us.
  3. In the event of litigation between you and us concerning the Product or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  4. You agree that the Product will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
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