TERMS & CONDITIONS
Please read the terms and conditions (The Agreement) in their completeness before purchasing any products or receiving any services. For purposes of this Agreement, ‘you’ and ‘your’ means each individual end user of the Company’s Services. In using Rapid Fire PC’s website you are considered to have read and agreed to the following terms and conditions. Rapid Fire PC will use commercially reasonable efforts to answer your technology questions and resolve your technology problems for a fee as set forth in the Site or as estimated on the telephone, as applicable. Rapid Fire PC might provide certain portions of the Services via remote control session, online chat or e-mail. We might set forth limits to the technology we support. Certain Services may have minimum system requirements. Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).
By registering for a membership, purchasing products, using or receiving any of the Company’s Services, you represent and warrant to us that
- You are 18 years of age or older;
- You have the right, capacity and authorization necessary to legally bind yourself to the Terms and/or the person or entity for whom you are entering into this Agreement;
- The information and data that you have provided or will provide to the Company is or will be correct and complete in all respects, and that you have the right to provide such information and data to the Company;
- The Company has and will rely upon the information and data that you provide and that any incorrect or incomplete information that you provide to the Company may result in the Company withholding, suspending or terminating the Services and/or terminating this Agreement; and
- Agree to be bound by this Agreement, as it may be updated by the Company from time to time in its sole discretion.
- You will comply with all treaties, laws, rules and regulations applicable to your use of the Services
- Any payment or credit card information you supply is correct.
IF YOU DON’T AGREE TO THE TERMS OF THIS AGREEMENT OR CAN NOT MAKE ANY OF THE FOREGOING REPRESENTATIONS, YOU ARE NOT PERMITTED TO USE OR RECEIVE ANY SERVICES FROM THE COMPANY.
Your use of Rapid Fire PC site constitutes your agreement to all such terms, conditions, and notices in effect at such time. This User Agreement may be updated periodically on our Site without notice. By continuing to use our Site, you agree to be bound by any such changes to this User Agreement. Any updated User Agreements or changes shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at www.rapidfirepc.com. Any new features or functionality that augment or enhance our Site shall be subject to this User Agreement, unless explicitly stated otherwise.
Telephonic service requests for our referral service (see below) also constitute your agreement to the terms, conditions and notices set forth below. The terms of this User Agreement apply to Rapid Fire PC (www.rapidfirepc.com) or email publications delivered to users or marketing materials.
In continuing to use our Site you are agreeing to abide by the terms, conditions and notices set forth below:
This Agreement sets forth the terms and conditions upon which the Company agrees to provide the Services to you and the terms and conditions upon which you agree to use or receive the Services. You acknowledge and agree that (a) this Agreement (including, without limitation, any of the fees set forth in this Agreement) may be amended by the Company from time to time in its sole discretion with or without notice to you by amending the then current version of this Agreement, and (b) you will be bound by any such amendments immediately upon posting. You should therefore visit this page from time to time to read the current version of this Agreement.
You acknowledge that portions of the Services may be subject to third party licenses, which may further affect your rights in the Services.
CONSENT TO ACCESS AND MODIFY YOUR ELECTRONIC DEVICES AND PERIPHERALS
In addition to your other obligations under this Agreement, you must promptly respond to our requests for information and comply with our requests to take actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software. You also:
Agree to quickly inform Rapid Fire PC whenever your personal or billing information changes;
Are solely liable for all acts, omissions and use under, and charges incurred with, all of your accounts with the Company (including any secondary accounts or sub-accounts registered to one or more of your primary accounts), including, without limitation, all acts, omissions and use by persons other than you, with or without your permission;
Acknowledge that you may be required to install certain software on your Computer Systems and Devices covered by the Services to assist the Company in providing the Services, that you may install and use the software in executable form only, and that the Company has the right to terminate this Agreement and the Services if you (i) do not install all of the required software on your Computer Systems and Devices covered by the Services (as applicable and as directed by the Company) or (ii) alter, modify or disable any of the required software or its settings or configurations;
Shall not resell the Services, use them for high volume purposes, use them as a virtual support center, as determined solely by Company, or engage in similar activities;
Shall only use the Services for the users and Computer Systems and Devices specifically registered with or otherwise authorized by the Company for use in connection with the Services;
Acknowledge that, depending on the type of Services purchased, Services provided for each additional user and/or Computer System and Device may incur separate and additional fees as identified on documentation (including, without limitation, documentation provided via email) provided by the Company from time to time and/or set forth on the Company’s website at www.rapidfirepc.com
Shall at all times comply with the Company’s minimum system and hardware requirements, which the Company may change from time to time, and you acknowledge that the Company has the right to terminate this Agreement and the Services if you do not comply with the Company’s minimum system and hardware requirements or are abusive, mistreat Company agents and/or have commercially unreasonable/excessive requests for support; and
Agree that, in connection with your use of the Services and other activities related to this Agreement, you will (i) comply with all applicable local, state, national and international laws and regulations, (ii) not infringe the intellectual property or other rights of third parties, and (iii) not submit or otherwise transmit any material that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate, or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
In the course of using the Services, you may submit or otherwise provide data and other content (‘Content’) to the Company and/or any person or entity upon which the Company relies to host or provide any Licensed IP (as defined below), computer server, website or services on behalf of the Company (‘Third Party Provider’). You acknowledge and agree that you are liable for any Content you submit or otherwise provide to the Company and/or a Third Party Provider. You also represent and warrant that you have obtained all necessary rights and licenses to any such Content. You hereby grant the Company and its Third Party Providers a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, transferable, sub-licensable right and license to use, copy, store, transmit and disclose your Content to fulfill its obligations and provide the Services described in this Agreement. The Company reserves, on behalf of itself and its Third Party Providers, the right to delete any such content at any time in its sole discretion without notice or liability.
The Services, the Licensed IP and any related technical data or underlying information (collectively, the ‘Controlled Technology’) are subject to the export and import laws of the United States and other countries. You agree to comply with all export and import laws and regulations, including the U.S. Export Administration Act and its associated regulations. None of the Controlled Technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods; or (b) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or Nonproliferation Sanctions List. By accessing, using or receiving the Controlled Technology, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are liable to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
AVAILABILITY OF SERVICES
General Availability. You acknowledge that the Services may not be available at all times, and may not be available in the format generally marketed, and some Computer Systems and Devices may not be able to receive the Services even if initial testing shows that your connection was qualified or your computer environment was suitable. In order for you to receive the Services, which will be provided remotely, the Company will qualify your Internet connection for the minimum line rate (speed) available for support based on the Company’s standard line qualification procedures. You acknowledge that the Services require high-speed Internet access and that it is your responsibility to ensure that you have adequate connectivity to the Internet.
Restrictions and Suspensions. You acknowledge and agree that the Company, its Third Party Providers and/or its licensors or other third parties may, at any time, without notice or liability, take actions which restrict the use of the Services or other Licensed IP or limit the time of availability of the Services or other Licensed IP (a) if your use of the Services puts an excessive burden on the Services or the Company’s network (as determined by the Company in its sole discretion); (b) in order to perform maintenance activities, make modifications to the Services or other Licensed IP, and to maintain session control; or (c) in the event of a denial of service attack or other attack on the Services or other Licensed IP or other event that the Company determines, in its sole discretion, may create a risk to the Services or other Licensed IP, to you, to any of our other customers, or to others.
Scheduling. For all Services that require scheduling a session with the Company, the Company will use commercially reasonable efforts to schedule a mutually convenient Service session within a reasonable period of time. However, you acknowledge that circumstances outside of the Company’s control (for example, a large scale outbreak of a new computer virus), scheduling conflicts and/or other unforeseen circumstances may cause significant delays in the Company’s ability to schedule a Service session and/or to otherwise attend a scheduled Service session. In the event that such circumstances cause the Company to miss a scheduled Service Session, the Company will use commercially reasonable efforts to re-schedule a mutually convenient Service session within a reasonable period of time.
FEES FOR SERVICES
Plans and Fees. You agree to pay the fees for the Services identified by the Company, including without limitation on documentation (including documentation provided via email) provided by the Company from time to time in connection with your purchase thereof and/or as set forth on the Company’s website at www.rapidfirepc.com, which fees are subject to change by the Company at any time in its sole discretion. You are liable for all charges related to accessing the applicable Services, including all telephone and Internet access charges.
The list of fees for the Services set forth above is not exhaustive, and the Company may modify it at any time. The Company reserves the right to charge an additional fee to perform Services that you request that are not covered by the fees above or the fees initially identified by the Company, including without limitation on documentation (including documentation provided via email) provided by the Company from time to time in connection with a purchase of Services and/or as set forth on the Company’s website at www.rapidfirepc.com or to refuse to perform such Services.
Provision of Services. The Company will exercise reasonable judgment in the manner with which it provides the Services. The Company does not guarantee that the Services will meet your business needs. You acknowledge and agree that you are authorizing the Company to provide the Services in a manner the Company reasonably sees fit. If you need more specifics on how the Company’s provision of the Services aligns with your business needs, you must contact the Company.
Backup, Security & Tune-up Services. Rapid Fire PC Data Backup automatically backs up the selected data on your computer. It is your responsibility to select the data you desire to be backed up on your computer. You understand and agree that the Company shall under no circumstance be liable for any lost or corrupted data or software.
Rapid Fire PC Tune-up Services are provided on a regularly scheduled basis (performed quarterly approximately every three (3) months). The Company will send reminder emails or call you via prerecorded message for your scheduled Tune-up, but you are required to confirm your regular Tune-up service, by responding to the email or phone call.
PRIVACY AND SECURITY; CONFIDENTIALITY
Privacy Statement. The Company will treat your personal information in accordance with the Company’s current Privacy Statement, which may be amended by the Company from time to time at its sole discretion, which is incorporated into this Agreement by this reference. The Privacy Statement is located at www.rapidfirepc.com/privacy/. By accepting the terms and conditions of this Agreement, you agree to be bound by the terms and conditions of the Privacy Statement.
Password Security. You are liable to keep your password(s) secure, and you agree not to disclose your passwords to any third party. You are solely liable for any activity that occurs under your user names and accounts, including any sub-accounts. The Company may request temporary use of your password(s), and may otherwise retain your password(s) in a secure electronic file related to your account, to facilitate routine support and maintenance services. If you lose your password(s) or the encryption keys for any of your Company products or Services, the Company may not be able to assist you in recovering any associated data or information. You must notify the Company immediately of any suspected unauthorized use of your accounts or any other security breach related to the Services. If the Company determines that a security breach or suspected fraudulent activity has occurred or is likely to occur on your account, the Company may suspend your account until the applicable account activity has been verified.
Confidential Information. You acknowledge that, in connection with the performance of this Agreement, you may receive certain Confidential Information of Company. You hereby agree: (a) to hold and maintain in strict confidence all Confidential Information of the other party and not to disclose it to any third party; and (b) not to use any Confidential Information of Company except as permitted by this Agreement or as may be necessary to exercise rights or perform obligations under this Agreement. ‘Confidential Information’ means, collectively, (i) any information disclosed by Company, either directly or indirectly, whether written, verbal, magnetic, photographic, optical, or other form, or by inspection of tangible objects, which has been, or will be, furnished or disclosed by a party, or its employees, representatives, consultants or agents, including, without limitation, algorithms, business plans, customer data, customer lists, customer names, supplier and installer names and data, designs documents, drawings, engineering information, financial analysis, forecasts, formulas, hardware configuration information, know-how, ideas, inventions, market information, marketing plans, processes, products, product plans, research, specifications, software, source code, trade secrets or any other information which is designated as ‘confidential,’ ‘proprietary’ or some similar designation, and which has been designated as being confidential, or which is otherwise disclosed in such a manner or is of such a character as would put a reasonable person on notice as to the confidential and proprietary nature of the information (collectively, the ‘Disclosed Materials’); (ii) any information otherwise obtained, directly or indirectly, by a receiving party through inspection, review or analysis of the Disclosed Materials; and (iii) information of a third party that is in the possession of Company and is disclosed to you under this Agreement.
Disclosure Under Compulsion of Law. In the event you are the recipient of any court order, subpoena or other governmental authority which purports to require the disclosure of any of the Company’s Confidential Information, or in the event such disclosure is required by applicable law, regulation or stock exchange rule, you shall use commercially reasonable efforts to provide the Company with prompt notice of the same prior to any disclosure and with such advance notice so as to afford a reasonable opportunity to protect the Confidential Information from public disclosure, and shall construe any such court order, subpoena or other governmental authority requesting such information in the narrowest permissible manner and shall seek to obtain and cooperate with the Company to obtain a proper protective order, a court ruling quashing any such subpoena, or any other governmental or private mechanism for retention of the confidential status of the information sought.
FEES AND PAYMENTS
Payment Method. The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.
For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription. Unless you have purchased a special Subscription Service that specifically provides otherwise, a onetime set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is six (30) days.
Unless you have purchased a special Subscription Service that specifically provides other terms for cancellation and/or refund, you may cancel any Subscription Service within seven (7) days following your purchase of the Subscription Service, by contacting Rapid Fire PC. Otherwise, the fees for the Subscription Service are not refundable.
By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize Rapid Fire PC to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs Rapid Fire PC that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact Rapid Fire PC if you do not wish to renew Your Subscription Service; if you do not contact Rapid Fire PC, the Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected, at Rapid Fire PC’s then-applicable fees. You authorize the Company to permit its third party credit payment processing vendor to process all amounts owed to the Company under this Agreement. You will at all times maintain valid and current credit card information. If you terminate your credit card or elect to pay for the Services with a different credit card, or if you receive a new account number for your credit card, you shall immediately notify Company’s third party credit payment processing vendor of such termination or change. If for any reason fees owed cannot be billed to your credit card for any amount owed under this Agreement, you authorize the Company to bill you directly for such amount, which amount, together with any late fees, chargeback (defined below) or other fees set forth in this Agreement, shall be immediately due and payable.
Payment Obligations. You agree to pay all amounts owed to the Company under this Agreement, as well as any applicable taxes and other charges, when due.
Charges. The Company reserves the right to charge any amounts owed by you under this Agreement to your credit card or bill you directly for such amounts at any time after the conclusion of the Services.
Late/Chargeback Fees; Attorneys’ Fees. For any amount (a) not paid to the Company when due; or (b) paid by you via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and you agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, you agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that you owe to the Company, whether incurred before or after civil litigation is commenced.
PERFORMANCE OF THE SERVICES
With respect to any claim that any of the Services were deficient, you must notify the Company within five (7) calendar days following the Company’s performance of such Services. If you fail to give the Company written notice of such deficiency within such seven (7) day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services, as well as access to your home or office premises if necessary to enable such efforts. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in Section 9 below. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement.
TERM AND TERMINATION
Effective Date and Term. The initial term for all Services continues for one (1) year from the date that you first register for such Services (the ‘Initial Term’). Thereafter, this Agreement shall automatically renew for additional one (1) year terms (each a ‘Renewal Term’ and together with the Initial Term, the ‘Term’), subject to earlier termination pursuant to Section 10.2 or Section 10.3 below, until such time as the Company or you provide written notice of termination to the other party at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.
Termination by You. In the event that the Company breaches any provision of this Agreement, you agree to provide the Company with a right to cure the breach. The Company shall have the right to cure any breach within thirty (30) days following its receipt of written notice from you of such breach. If the Company is unable to reasonably remedy any breach of this Agreement and such breach substantially impairs your use of the Computer Systems and Devices specifically registered with or otherwise authorized by the Company for use in connection with the Services covered under this Agreement, you may terminate this Agreement upon written notice to the Company. In any such case, the Company’s liability to you shall be limited as specified in this Agreement.
Termination and/or Suspension by the Company. If, as determined by the Company in its sole discretion: (a) you breach any provision of this Agreement or any license for Third Party Software (as defined below); (b) your use of any of the Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to any of the Services, the Company’s network, or the use and enjoyment of the Services by third parties; (c) the Company receives an order from a court to terminate the Services provided to you; (d) the Company for any reason ceases to offer any of the Services previously made available to you under this Agreement; or (e) you are abusing or otherwise misusing any of the Services, then, in any such case, the Company at its sole election may terminate this Agreement or suspend one or more of the Services immediately without notice.
Terminated Account. The Company, in its sole discretion, may refuse to accept your request for Service, renewal or re-subscription following a termination or suspension of your use of any of the Services.
Effect of Termination. Upon the termination or expiration of your account or this Agreement for any reason, your right to use the Services and the Licensed IP (defined below) and your access to the Services (including any content you submit) shall immediately terminate, and you must immediately return all Licensed IP to the Company. You acknowledge that the Company is not obligated to provide a copy of your Content or data to you or to any third party, and that upon termination or expiration of this Agreement for any reason, the Company may purge your content and data from its systems without notice to you.
GOVERNING LAW, JURISDICTION AND VENUE; JURY WAIVER; CLAIM LIMITATIONS
Governing Law, Jurisdiction and Venue. This Agreement is governed by and construed in accordance with the laws of the State of Delaware and the United States, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any legal action brought under or in connection with the subject matter of this Agreement shall be brought only in the state and federal courts in Dover, Delaware; except that the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. You and the Company hereby submit to the exclusive jurisdiction of these courts and agree not to commence any legal action under or in connection with the subject matter of this Agreement in any other court or forum. You and the Company waive any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Agreement in the federal or state courts sitting Dover, Delaware, and agree not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
Waiver of Jury Trial. IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES THAT THEY EACH WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY OF THEM AGAINST THE OTHER PARTY ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.
Giving Up Right of Class Action. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST COMPANY INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: ‘A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor’ as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES AND/OR LICENSED IP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
LICENSE TO ACCESS SOFTWARE AND THIRD PARTY SERVICES
Licensed IP Confidentiality and Ownership. You agree that the Licensed IP is confidential information of the Company or its Third Party Providers, licensors, or suppliers, and that you will not disclose the Licensed IP or any other confidential information of the Company to others or use the Licensed IP or any other confidential information except as expressly permitted herein. The Licensed IP contains copyrighted material, trade secrets, patents, and proprietary information owned by the Company or its Third Party Providers, licensors, or suppliers. You agree not to remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of any of the Licensed IP. You acknowledge that the license in Section 12.1 above, is not a sale of intellectual property and that the Company or its Third Party Providers, licensors, or suppliers will continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Licensed IP and related documentation, as well as any corrections, updates and upgrades.
Licensed IP. The Services (and all copyright and other proprietary or intellectual property rights), all software, CDs, programs, documentation and other intellectual property which is owned by the Company and/or which the Company makes available or furnishes to you pursuant to this Agreement, via download, other media, or other delivery method, and/or in connection with the provision of the Services, and all other rights and derivative works related thereto are referred to as the ‘Licensed IP.’ The Licensed IP may be accompanied by an end-user access license agreement or similar agreement from the Company. Your use of the Licensed IP is governed by the terms of such agreement and by this Agreement, where applicable. You may not install or use any Licensed IP that is accompanied by or includes an end-user access license agreement unless you first agree to the terms and conditions of the end-user access license agreement. With regard to any Licensed IP for which your acceptance of a separate license agreement is not required, the Company hereby grants to you one limited, non-exclusive, non-transferable, non-sub-licensable license to access and use the same, only during the term of this Agreement, solely for your own personal or internal business purposes with respect to the Computer Systems and Devices specifically registered with or otherwise authorized by the Company for use in connection with the Services subject to this Agreement, and only as part of or for use with the Services and for no other purpose. You agree not to copy, modify, publish, transmit, rent, license, re-sell, sublicense, transfer, trade, reverse engineer, decompile, disassemble, or attempt to derive source code or other intellectual property from the Company or allow others to use or benefit from any of the Licensed IP. You acknowledge and agree that you are not granted any title or rights of ownership in any of the Licensed IP. The Company reserves the right to update or change the Licensed IP from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Licensed IP. All rights not expressly granted to you pursuant to this Section 12.1 are expressly reserved by the Company and any Third Party Providers, licensors, and suppliers, as applicable. If any software included within the Licensed IP is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the U.S. Government’s rights in the software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). All software included within the Licensed IP is either a commercial product, produced entirely at private expense, copyrighted and owned by the Company or a third party provider or supplier, licensed to the Company or is otherwise proprietary to the Company.
Third Party Software. As part of the Services, the Company may sublicense to you or suggest the acquisition, installation and use of certain Licensed IP that is third party software (the ‘Third Party Software’). You acknowledge that any Third Party Software will be sublicensed to you by the Company or licensed to you by the Third Party Provider that is the owner or licensee of the Third Party Software. You agree to be bound by and subject to the terms and conditions set forth by such Third Party Providers before installing Third Party Software, regardless of whether the Company sublicenses to you or assists you in the acquisition, installation, and/or use of Third Party Software. The Company has no rights to the Third Party Software and does not license Third Party Software to you except to the extent that the Company is a reseller or licensee of the Third Party Software. The Company does not make any representation or warranty regarding the Third Party Software.
Assistance and Support. The Company will provide technical assistance and support for the Licensed IP in accordance with its then current policies, which the Company may change from time to time in its sole discretion. To the extent that the Company provides technical assistance and support for any Third Party Software or equipment, you agree to comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. The Company makes no representation or warranty that it is an authorized service provider for any Third Party Software or for any equipment, and you acknowledge and agree that it is your sole responsibility to determine if you require additional rights for the Company to provide such support and, if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
You acknowledge that the Company is an independent contractor and neither the Company nor any of its directors, officers, agents, employees, or affiliates is or shall be deemed employed by you. The Company reserves the right to determine the method, manner and means by which the Services will be performed. The Company and its directors, officers, agents, employees, and affiliates are not required to perform the Services for you during any particular hour of the day or night, and the time spent accessing your Computer Systems and Devices covered by the Services is at the Company’s discretion, subject to your access times and security requirements. You further acknowledge that the Company is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of the Services, and you acknowledge that the Company has other clients and that it offers Services to the general public. The order and sequence in which the Services are to be performed shall be under the control of the Company and its agents, employees and affiliates, and not under your control.
LIMITATIONS AND RISKS
Limitations of Liability. IN NO EVENT SHALL THE COMPANY OR ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS OR OFFICERS OR ANY THIRD PARTY PROVIDERS, LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD PARTY, AND YOU AGREE TO RELEASE AND HOLD THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS AND OFFICERS AND ANY THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS HARMLESS FROM, ANY LIABILITY ARISING FROM (A) ANY DELAYS IN THE PERFORMANCE OF THE SERVICES; (B) ANY THIRD PARTY SOFTWARE; (C) THE PERFORMANCE OF THE SERVICES, EXCEPT AND ONLY TO THE EXTENT THAT THE COMPANY IS GROSSLY NEGLIGENT IN PERFORMING THE SERVICES; OR (D) CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUTES MAY APPLY RESTRICTIONS REGARDING LIMITATIONS ON LIABILITY. THE SOLE AND MAXIMUM LIABILITY OF THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS, OFFICERS AND THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS WHATSOEVER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SERVICES WITHIN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL CLAIM MADE BY YOU IN WHICH THE COMPANY IS LIABLE TO YOU FOR SUCH CLAIM. YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF PORTIONS OF THIS AGREEMENT ARE FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Risk of Loss. You agree that your use of the Services is your sole responsibility and is solely at your own risk. You acknowledge and agree that the Internet, over which many of the Services are delivered, is not owned, operated or managed by, or in any way affiliated with the Company, and you agree that the Company is not liable for and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed on the Internet through use of the Services. You acknowledge and agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information that you transmit or receive over the Internet, whether in connection with the Company’s provision of the Services or otherwise. The Company is not liable for invalid destinations, transmission errors, or corruption or security of your data. You further acknowledge and agree that the Company does not own or control all of the various facilities and communications lines through which Services may be provided and that the Company does not guarantee access to or through websites, servers or other facilities on or connected to the Internet, whether or not such websites, servers or facilities are owned or controlled by the Company. You acknowledge and agree that remotely accessing your Computer Systems and Devices covered by the Services may expose the same and the data contained therein to certain security risks and that you, and not the Company, shall be liable for such security risks. You acknowledge that due to the nature of the Services being performed, you are exposed to some potential risk of damage or loss including, without limitation, damage to your computer hardware, cabling, hubs, routers, switches, peripherals, accessories, furniture, home, and office, as well as potential risk of damage, corruption, loss of business or time, loss of computer software, applications, data, and data storage media. You acknowledge that it is your responsibility to take proper and adequate measures to preserve, protect and safeguard critical data by backing up such data in appropriate ways prior to any Services being performed by the Company. Unless specifically requested and provided to you as a paid Service by the Company, you acknowledge and agree that you are exclusively liable for providing all backup, archiving, and protective storage as well as restoration, if required, of your data.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) ARE PROVIDED ON AN ‘AS IS’ BASIS, AND YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) IS AT YOUR OWN RISK. THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AND MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICES. HOWEVER, THE COMPANY PROVIDES NO WARRANTIES WHATSOEVER AND THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) IN TERMS OF ACCURACY, RELIABILITY, SATISFACTION OR OTHERWISE, AND THE COMPANY DOES NOT GUARANTEE RESOLUTION OF ANY PROBLEM. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) TO ACHIEVE YOUR INTENDED RESULTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE LINE RATE, ACCESS OR AVAILABILITY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE).
WITHOUT IN ANY WAY LIMITING SECTION 14 OF THIS AGREEMENT, YOU SPECIFICALLY AGREE THAT THE COMPANY, ITS AFFILIATES, DIRECTORS, STOCKHOLDERS, OFFICERS, AGENTS AND EMPLOYEES, AND THE COMPANY’S SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES, WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND AND/OR ARISING UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE FOREGOING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE COMPANY’S PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) OR IN ANY WAY RELATING TO THE COMPANY’S PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE).
This Agreement (including any other documents incorporated herein by reference) constitutes the entire agreement between the parties with regard to the subject matter hereof, and integrates all prior understandings and agreements between the parties with respect thereto, whether oral or written. You agree to accept the terms and conditions set forth in this Agreement to the exclusion of any standard terms you may customarily have for the purchase of services. No other agreement, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of the Company or any of its agents, employees and affiliates, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter of this Agreement. You acknowledge that you are entering into this Agreement based solely on the basis of the terms contained herein.
INDEMNIFICATION; INFRINGEMENT REMEDY
Indemnification Obligations. You agree to defend, indemnify and hold harmless the Company and its directors, stockholders, officers, agents and employees from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) your violation of any applicable laws or regulations, this Agreement, the Privacy Statement or the terms of any agreement governing your use of Third Party Software (or any of the foregoing by parties who use your account, with or without your permission, to access the Service); (b) the use of the Services or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Services); (c) acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Services); (d) any and all claims for damage or injury to persons or property or for loss of life or limb whereby you have been found liable to any third party under any product liability, tort liability or similar action that may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of the Company; or (e) claims for infringement of any intellectual property rights arising from the use of the Services, Third Party Software, the Content, or the Internet, except with respect to the Licensed IP, subject to Section 17.2 below.
Infringement Remedy. In the event that any portion of the Licensed IP is, in the Company’s sole opinion, likely to or does become the subject of a claim of infringement of any intellectual property rights arising from the use of the Services, the Company may, at its option and expense, procure for you the right to continue using the Services or modify the Services to make them non-infringing. If, in the Company’s sole opinion, neither of the foregoing options is reasonably available to the Company, then the Company may (a) terminate this Agreement immediately upon written notice to you, and in no event shall such termination be considered a breach of this Agreement; and (b) in its sole discretion, elect to issue you a refund for all or a portion of the Services provided, as specified in Section 9 above. THIS SECTION 17.2 SETS FORTH THE COMPANY’S SOLE LIABILITY AND ENTIRE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS THAT THE SERVICES OR YOUR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS.
Any and all taxes, except income taxes of the Company, imposed or assessed by reason of this Agreement or its performance, including, but not limited to, sales or use taxes, shall be paid by you.
You may not assign your rights or obligations under this Agreement without the Company’s prior written consent. Subject to this limitation, this Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto.
The Company shall be excused for the period of any delay in the performance of any of its obligations under this Agreement when the same is due (in whole or in part) to a cause reasonably beyond the Company’s control, including, without limitation, labor disputes, traffic congestion, delivery failures, product shortages, civil commotion, war, governmental regulations or controls, governmental action, fire or other casualty, weather, and/or acts of God.
The waiver by either party of a breach or a default by the other party shall not be construed as a waiver of any succeeding breach, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege operate as a waiver of any right, power or privilege by such party. No waiver, consent, modification, alteration, addition, or change of terms of this Agreement shall bind either party unless in writing and signed by an authorized signatory of the party against whom enforcement is sought, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. The Company shall not be required to give notice to you to enforce strict adherence to all terms of this Agreement.
If any provision of this Agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not render the entire Agreement invalid and all remaining provisions of this Agreement shall remain in full force and effect. In such event, (a) the Agreement shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of each party shall be construed and enforced accordingly or (b) to the extent the scope of any provision is too broad in any respect to permit enforcement, the parties hereto agree that such scope may be judicially modified accordingly.
Except as explicitly stated otherwise, any notice to the Company shall be given by email to: email@example.com. Any notice to you shall be sent to the email address that you provide to the Company during the registration process. Notice shall be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to the Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. You may also send notices to the Company by certified mail, postage prepaid and return receipt requested, to the following address: Rapid Fire PC LLC 8 The Green Suite #4675 Dover Delaware USA. Alternatively, either party may give notice by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received.
THIRD PARTY BENEFICIARY
Each Third Party Provider is a third-party beneficiary of your representations, warranties, and covenants in this Agreement; and each Third Party Provider has all the rights and benefits of the Company under, and the ability to enforce, this Agreement. Except as set forth in the immediately preceding sentence, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than you and the Company.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Company takes claims of copyright infringement seriously. It is the Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of the Company and/or others. The Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials stored on or accessible through the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to the Company’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (‘DMCA’), the written notice (the ‘DMCA Notice’) must include substantially the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; a description of where the material you believe to be infringing is located; your address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
The Company’s designated Copyright Agent to receive DMCA Notices is:
HARDWARE & MERCHANDISE RETURNS BY MAIL
Rapid Fire PC will gladly authorize returns of UNWORN Merchandise within 30 days of receipt of your order. Please sign into your account, under Order Detail & Tracking click ‘View Order’ then click ‘Return Request’ next to the item you wish to send back. Check the box next to the item and choose the reason for the return. After you hit next you will then be able to print a prepaid return shipping label to use to ship the items back to us. Actually, you’ll get two labels, one for UPS and one for the USPS Mail Innovations. Please use the shipping method that works best for you. If you use the UPS ground label you may drop the package at any UPS location. If you choose USPS (UPS Mail Innovations) label you may give the package to the United States Post Office. Shipping charges are not refundable and there is a 20% per order return fee that covers restocking and postage back to the warehouse. Returns will be refunded in the original method of payment. Your return request must be made within 30 days of when your order was delivered and we must receive the merchandise back at the warehouse within 45 days of when the authorization was issued. Do not send items back through other means or without obtaining a return authorization as your package may be sent back to you. You may request a return online by signing into your account, via phone 888-342-0444, or email firstname.lastname@example.org. Usual turnaround time is 1-2 weeks from time shipped to when refund is issued.
Clearance Items may not be returned or exchanged. All purchases are final on Clearance items.
Gift Cards and Electronic Gift Cards are also final sale and cannot be returned or refunded except where prohibited by law.
If you want to exchange the product you ordered, you must request this exchange and complete your replacement order within 30 days of purchase. The purchase price of the original item minus a 20% restocking fee, less any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your Rapid Fire PC account. Any payments made directly by you to service professionals associated with our Service Professional Referral Service are not eligible for exchange or credit. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 30 days of purchase, the full original purchase price (in each case less any money paid to government entities or other third parties) will be credited to the original form of payment. If you paid for your original order by check, Rapid Fire PC will mail a check for the applicable amount to your billing address.
If you choose to receive Services from the Rapid Fire PC, the Company will use commercially reasonable efforts to troubleshoot, analyze, assess and correct the problem you are experiencing. If the Rapid Fire PC is unable to recommend a solution for your problem within the first 20 minutes of service, the Company will not charge you for such 20 minutes of service. If you decide to continue further use the Company’s services to correct the problem, you will be charged by the Company for such additional services as applicable to the Agreement.
With respect to any claim that any of the Services were deficient, you must notify the Company within three (3) calendar days, excluding Sunday’s and major holidays, following the Company’s performance of such Services. If you fail to give the Company written notice of such deficiency within such 3-day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services, as well as access to your home or office premises if necessary to enable such efforts. Customer must give Rapid Fire PC an opportunity to connect and fix the issue during the seven day warranty period. If the customer closing out the remote session Rapid Fire PC will not be liable for a refund. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in Limitation of liability. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement.
Rapid Fire PC, in its sole discretion, may issue a full refund for clients who wish to terminate the transaction prior to a Rapid Fire PC technician commencing the services. Partial refunds may be awarded to the client, at the company’s sole discretion, including but not limited to when the following conditions have been met partial services have been provided prior to a written cancellation request being received, or if the company is unable to complete all of the services purchased.
Fees for prior months of Services are nonrefundable. If the Company is unable to remedy a deficiency in the Services pursuant to paragraph above the Company may elect to issue you a refund for the applicable deficiency based on the Services provided, in the Company’s sole discretion. If it is deemed that a refund is due, a credit will be issued to the credit card or payment device that was used to purchase Company’s Services.
REFUND POLICY FOR MEMBERSHIP SERVICES
Membership fees for prior months of services are nonrefundable. If the Company is unable to remedy a deficiency, a refund for the claim will be based on the Services provided at the Company’s sole discretion. To cancel your membership service with Rapid Fire PC you must give a 30 day written notice to terminate the service.
TERMINATING YOUR MEMBERSHIP
We’d hate to see you leave! If you’re not happy with our service, please contact us any time to talk about your experience. We’re always trying to adjust and make Rapid Fire PC into the absolute best it can be, and when we make a mistake, we want to do everything we can to fix it and make you happy.
You can terminate Rapid Fire PC services at any time. Simply call us and our Customer Service team will guide you through the process.
TO CONTACT CUSTOMER SERVICE, CALL 888-342-0444.
DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION
As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. except that: (i) You may assert Claims in a small claims court in the United States if Your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY RAPID FIRE PC IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH RAPID FIRE PC, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that Your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, We agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if you are a resident of the United States; if your use of the Services has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If You are a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution in New York, NY, under its rules for international arbitration, and You and We agree to submit to the personal jurisdiction of the U.S. federal court in New York, NY, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.
Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.
Time Restriction. YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for you.
The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
Recovery and Attorney’s Fees. If the arbitrator rules in Your favor on the merits of any Claim You bring against Us and issues You an award that is greater in monetary value than Our last written settlement offer made to You before written submissions are made to the arbitrator, then We will (i) pay You 150% of Your arbitration damages award, up to $1,000 over and above Your damages award; and (ii) pay Your attorneys, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs) that You or Your attorney reasonably incurred for investigating, preparing, and pursuing Your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorney’s fees and expenses discussed above supplements any right to attorney’s fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorney’s fees or costs. If Your use of the Services was principally for personal or household use, Rapid Fire PC waives any right it may have to seek an award of attorney’s fees and expenses from You in connection with any arbitration of Claims between Us.
Confidentiality. You and We shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to Your or Our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
Prior to commencing litigation as to any claim or dispute (a “dispute”) arising under this Agreement. The party alleging a dispute shall promptly advise the other party of such dispute in a writing which describes in reasonable detail the nature thereof (the “Dispute Notice”). The parties shall then exercise good faith efforts to resolve such dispute. If the parties themselves are unable to resolve the dispute within 15 days following the delivery of the Dispute Notice by the party alleging the dispute to the other party (the “Dispute Date”), the parties shall then jointly select a mediator to conduct the mediation. All mediation sessions shall be held in Dover Delaware or within the surrounding area or such other place as the parties may agree in writing, and all costs. Not later than 20 days after the Dispute Date, each party shall select for itself a representative who shall have authority to bind such party and shall advise the other party of the name of such representative. In such mediation, the mediator shall review the matter with each party to assist each party to understand the strengths and weaknesses of each position and to attempt to reach a compromise for settlement of the matter. If (a) the Parties are unable to agree upon the mediator to use within 25 days after the Dispute Date, (b) mediation is not undertaken in a meaningful way within 30 days after the Dispute Date, or (c) any unresolved dispute remains after mediation then either party may commence a civil action regarding such dispute. The parties agree that any civil action thereby commenced shall be brought in a state or federal court of competent jurisdiction in Dover Delaware and that the decision as such court(s) shall be final. The parties hereby submit to the jurisdiction of such court(s) and waive any objection that they may now or hereafter have to the venue of any such action or proceeding in any such court(s) or that such action or proceeding was brought in an inconvenient forum and agree not to plead or claim the same. In any mediation, the fees and costs of the mediator shall be borne equally by the parties to the mediation and shall be payable in advance or upon invoice from the mediator, as applicable, and each party shall bear the fees and costs of the party’s own legal counsel and witnesses.
SERVICE PROFESSIONALS REFERRAL SERVICE
Rapid Fire PC referral service may from time to time refer you to certain service professionals. We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.
Although we take steps to examine the credentials of our listed service professionals, we make no representations or guarantees regarding the skills or representations of such service professional or the quality of their work if you elect to retain their services. It is entirely up to you to evaluate a service professional’s qualifications; Rapid Fire PC does not endorse or recommend the services of any particular service professional. You are liable for entering into a direct contract or otherwise reaching an agreement with a service professional. Rapid Fire PC is not an agent of the service professionals and the service professionals are not employees or agents of Rapid Fire PC.
Rapid Fire PC may inform you of certain offers or discounts provided by a service professional listed on the Site. However, such offers or discounts are made solely by the service professional, and Rapid Fire PC does not guarantee pricing or discounts offered by service professionals. Any quotes provided by service professionals via the Rapid Fire PC Site, are not legally binding offers and are solely for informational purposes. Quotes provided on the Rapid Fire PC Site do not create contractual arrangements. Furthermore, scheduling an appointment with a service professional on the Rapid Fire PC Site does not create a contractual obligation. Any contractual agreements must be negotiated directly with a service professional. Rapid Fire PC is not liable and does not perform any of the services requested by you in your service request. Applicable federal, state and local laws govern the terms of any contracts between you and service professionals.
Any disputes between you and a professional will be resolved between you and the service professional directly. YOU HEREBY AGREE TO RELEASE ANY OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS OF RAPID FIRE PC AND FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
FAIR USE POLICY
Rapid Fire PC may suspend or terminate Your access to the Services if in Rapid Fire PC’s sole discretion, You are abusing the Services by (i) exceeding the level of use reasonably expected for one account; In the event of such termination or suspension, You will not be entitled to a refund of any prepaid fees. You are solely liable for the contents of your transmissions through the services. Your use of the services is subject to all applicable local, state, national and international laws and regulations.
USE OF THE RAPID FIRE PC SITE
In using our Site, Rapid Fire PC, will ask you to disclose certain information about your service requirements, as well as personal information. Rapid Fire PC will be able to store this information, such as home services records, on our Site. This information may be sent to service professionals in order to respond to your request. When you provide Rapid Fire PC with this information, you consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. Please see our privacy statement for more complete details on our use of your information. In using the service professional referral service, you will provide reviews on your experience with service professionals. By using this service, you promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. Providing incomplete or false information, or information Rapid Fire PC has reasonable grounds is untrue, inaccurate, not current or incomplete, gives Rapid Fire PC the right to refuse any current or future use of the Rapid Fire PC services (or any portion thereof) by you. You are liable for any use of the Rapid Fire PC services by persons to whom you intentionally or negligently allow access to your password. When you register with Rapid Fire PC, you accept responsibility for all activities that occur under your account or password. Furthermore, you agree you will not sell, transfer or assign your membership or any membership rights.
As part of your subscription, you agree to not use the Rapid Fire PC Site to:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials that are unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another user or other individuals in general;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Rapid Fire PC officer or other employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Rapid Fire PC Site;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to use the functionality of the Rapid Fire PC Site;
- interfere with or disrupt our Site or servers or networks connected to our Site, or disobey any requirements, procedures, policies or regulations of networks connected to our Site; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of our Site or the content posted by others on our Site or use such information for any purpose inconsistent with the purpose of our Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
In submitting any content to the Rapid Fire PC Site, please follow codes of social decency. Personal attacks and all other forms of harassment are prohibited.
You, as a user of our Site, are giving us a perpetual, worldwide, irrevocable, non-exclusive and fully sub-licensable right and license to use for any purpose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You explicitly waive any “moral rights” in any such. Rapid Fire PC shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of our use or exploitation of content submitted by you as a user of the Site. We may publicly display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation relating to such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
PURCHASES FROM THE RAPID FIRE PC SITE
We may, in our sole discretion, choose to not process or to terminate your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we do not process or terminate.
We may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, terminate or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy.
We accept returns on certain merchandise three (3) days after purchase. After three (3) days, returns will be evaluated on a case-by-case basis. Our return policy may change from time to time.
We attempt to provide accurate descriptions of products and services on our Site. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on our Site is not as described, your sole remedy is to return the item, as specified in this User Agreement. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or terminate orders if any information on our Site is inaccurate at any time without prior notice (including after you have submitted your order).
We strive to provide accurate pricing information regarding the products and services available on our Site. We cannot, however, insure against pricing errors. We reserve the right, in our sole discretion, to not process or to terminate any orders placed for a product or service whose price was incorrectly posted on our Site as a result of an error. If this occurs, we will notify you by email. In addition, we reserve the right, at our sole discretion, to correct any error in the stated full retail price. We do not guarantee that we offer the best available rates or prices and do not guarantee against pricing errors.
We do our best to accurately calculate duties, taxes and fees when we add these charges to your order at checkout. In some cases, however, these charges may be too low or too high. We make no guarantee as to the accuracy of these charges and we will not provide any refunds for over-charging.
Our Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email. If we determine that a product or service you wish to purchase is no longer available, the item will be terminated from your order. We will notify you by email.
Any resale or distribution of products purchased through our Site is strictly prohibited.
Rapid Fire PC may allow you to engage in certain personal uses of our Site that include the ability to share content: for example, we may allow you to post our content on a social networking site by pasting the applicable HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on any such site does not provide you (or any third party) with any intellectual property rights in or to the Widget or any portion of our Site made available via any Widget.
You agree that you will not embed or otherwise make available a Widget on a web page or website containing content that is threatening, abusive, harassing, hateful, or racially, ethnically or otherwise objectionable (in our opinion). We make no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widget or any component of the Widget (including any video player) that are designed to prevent users from copying, manipulating or retaining the content made available via the Widget. You also agree to not use (or attempt to use) the Widget or any component of the Widget to display content other than the content provided or intended by us to be displayed via a particular Widget.
NOTICE TO THIRD PARTY SITES: Any content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our content upon notice.
Our Site (including, without limitation, all text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising our Site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in our Site. As between Rapid Fire PC and you, Rapid Fire PC is the sole owner of all content comprising our Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging our ownership of such content, or take any action whatsoever in derogation of our rights therein. You acknowledge and agree that you will not acquire or claim any rights in our Site, or aid or abet anyone else in doing so.
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of our Site, except that you may download material from our Site for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
You Have Rights if You Think Your Copyright is Being Infringed: If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our office listed below:
- Your username, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Rapid Fire PC
8 The Green Suite #4675
Dover Delaware 19901
You agree to indemnify, defend and hold RAPID FIRE PC, its licensors and affiliates and their respective assigns, harmless from any loss, liability, damages or claim, including reasonable attorneys’ fees and costs, that arise directly or indirectly from (i) your activities in connection with the RAPID FIRE PC, (ii) a breach of this Agreement, including, but not limited to, any violation of the acceptable use policy, or (iii) any allegation that any information that you provide via RAPID FIRE PC infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party. You also agree to reimburse on demand any and all indemnified parties for any losses incurred by such indemnified parties to which this indemnification provision relates.
THIRD PARTY SOFTWARE
RAPID FIRE PC may suggest that you acquire, install and use certain third party software (“Third Party Software”). RAPID FIRE PC has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees prior to installation or use of the Third Party Software, even if RAPID FIRE PC assists you in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which you licensed all Third Party Software or purchased any equipment. We do not warrant or represent that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
You Use our Site Subject to Certain Disclaimers: OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN OUR SITE OR AVAILABLE THROUGH LINKS IN OUR SITE. WE RESERVE THE RIGHT (BUT ARE NOT OBLIGATED) TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY RAPID FIRE PC OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY RAPID FIRE PC AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
FROM TIME TO TIME WE MAY POST TECH ADVICE OR TIPS ON OUR WEBSITE. IN NO WAY WE PROVIDE ANY WARRANTY, IMPLIED OR OTHERWISE, AS TO THE CONTENT OF ADVICE OR TIPS, INCLUDING THE ACCURACY OF THE INSTRUCTIONS THEY CONTAIN. IT IS YOUR RESPONSIBILITY TO DETERMINE THE VALUE AND QUALITY OF ANY ADVICE, TIPS, OR INSTRUCTIONS, THE NUTRITIONAL VALUE (IF ANY), THE SAFETY OF THE PREPARATION INSTRUCTIONS, AND ANY POSSIBLE MEDICAL CONDITION THAT MAY ARISE FROM THE USE. ADVICE OR TIPS TAKEN FROM OUR WEBSITE AND PREPARED ARE DONE SO “AT YOUR OWN RISK”. WE ARE NOT LIABLE FOR ANY DAMAGE OR NEGATIVE RESULT (WHETHER TO HEALTH OR PROPERTY) RESULTING FROM THE USE OF OUR ADVICE OR TIPS
All material and information presented by Rapid Fire PC is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or healthcare practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Rapid Fire PC does not give or intend to give any answers to medical related questions and this Site do not replace any medical professional or medical resource. Rapid Fire PC does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH OUR SITE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Our Site May Offer Features and Services That Are Available to You Via Your Mobile Device. These features and services may include, without limitation, the ability to upload content to our Site, receive messages from our Site, download applications to your mobile phone or access features of our Site (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., “STOP”) to the applicable short code for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding us. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify us of any changes to your mobile number and update your account(s) on our Site to reflect this change.
Our Liability to You is Limited: Rapid Fire PC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to our Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Rapid Fire PC’s liability shall be limited to the extent permitted by law. Any claim against us shall be limited to the amount you paid, if any, for use of our Site. We have no special relationship with or fiduciary duty to you.
You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of our Site, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of our Site or other materials owned or controlled by us.
By accessing our Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You Agree to Indemnify Us Based on Your Use of the Site: You agree to indemnify and hold harmless Rapid Fire PC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to any use or misuse by you of our Site, including without limitation our email publications and/or website, or any violation by you of this User Agreement or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You May Not Assign This User Agreement: You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this User Agreement. Rapid Fire PC may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this User Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Certain Territorial Restrictions May Apply to Your Use of Our Site: Our Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control our Site from offices located in the United States and makes no representations or warranties that the information, products or services contained in our Site are appropriate for use or access in other locations. Anyone using or accessing our Site from other locations does so on their own initiative and are liable for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Any Dispute between Us Will Be Governed by Delaware Law: This User Agreement shall be governed by the laws of the United States and the State of Delaware applicable to agreements made and to be performed therein without regard to conflict of laws principles. You expressly agree that exclusive jurisdiction for any claim or dispute with Rapid Fire PC or relating in any way to your use of our Site resides in the courts of the United States located in the District of Delaware or any state court located in Dover, Delaware AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION. Any cause of action or claim you may have with respect to our Site must be commenced within one (1) year after such claim or cause of action arises.
The caption to each paragraph of this User Agreement is for convenience of reference only and shall be ignored in the construction or interpretation hereof.