(Last Revised: January 1, 2019)
These terms and conditions govern your use of this web site and the Print Lab Studio Software (hereinafter “the Software”). By accessing this web site and/or the Software, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Rapid Momentum. (hereinafter “Company” and “we”) at any time and at our discretion without notice. Your use of this web site or the Software after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site or the Software.
1. ABILITY TO ACCEPT TERMS AND CONDITIONS. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
2. REFUND POLICY / CANCELLATION. Due to the special pricing being offered for the Software, there will be no refunds given. Even if you purchase the Software and then choose to never use it, no refunds will be given. Although no refunds are available, if you have a recurring subscription (such as for enterprise features), you can cancel your subscription without any further payments being owed by submitting a ticket to us at least 15 days prior to your renewal date with a request to cancel. Once you submit a cancellation ticket to us under either of these scenarios, you agree and understand that we have the right to delete the data associated with that level of your account after 30 days from the date you submitted the cancellation request (when such data is located on our servers), except where we are otherwise required to retain certain data under the applicable state or federal laws.
3. USAGE CONDITIONS AND RESTRICTIONS FOR THE SOFTWARE
A. Integration with Twilio. You agree and understand that in order to use the Software, you will be required to obtain an account with the third party service called Twilio (see www.twilio.com for more details). Company is not affiliated with and is not responsible for the actions or services offered by Twilio. You will be required to input your Twilio account information into the Software so that the Software will be able to operate. You agree and understand that you will be billed for your phone numbers and minutes used through Twilio. Company is not responsible for your usage of Twilio that is generated through the Software or independently of the Software. You further agree and understand that you alone are responsible for paying your bill to Twilio. You also agree and understand that you shall comply with Twilio’s terms and conditions in order to use the Software with the Twilio integration. You agree and understand that you have the obligation to monitor your Twilio account usage to ensure that such usage is consistent with your usage and configuration expectations. In the event that you feel a charge that appears on your Twilio statement is a result of an error caused by the Software, you must notify Company within 15 days of receiving such statement from Twilio so that any problems you suspect are being caused by the Software can be properly investigated.
B. Compliance With Laws. You agree that you are responsible for any and all activity and usage of the Software under your account and/or your installation of the Software. You further agree to comply with all applicable state, federal and other laws relating to your account and/or installation of the Software, including with any calls or other communications that are made through your account using the Software, as well as with any information that is uploaded or transmitted through the Software using your account. These regulations may include, but are not limited to, call recording laws, voice broadcasting laws, telemarketing laws, do-not-call lists, advertising laws, and email laws.
C. Call Recording Laws. You agree and understand that you are solely responsible for complying with any applicable call recording laws. You acknowledge that there are various laws that govern call recording at the federal and state level, and that some states require that both parties to a call have consented to the recording. Other states may only require a single party to the call to have consented to the recording. For more information on call recording, here are a few examples of third party resources you can consult (although these are not guaranteed to be accurate or complete):
• Federal laws on call recording
• Report with a compilation of various state recording laws
D. Voice Broadcasting Laws. You agree and understand that you are solely responsible for complying with any applicable voice broadcasting laws, including those governed by the Federal Trade Commission (FTC) and Federal Communications Commission (FCC). You acknowledge that there are various laws that govern voice broadcasting at the federal and state level. For more information on voice broadcasting, here are a few examples of third party resources you can consult (although these are not guaranteed to be accurate or complete):
• FTC Article: Robocalls and the Do Not Call Registry
• Federal Communications Commission
E. Telemarketing Sales Rule and Do Not Call Regulations. You agree and understand that you are solely responsible for complying with any applicable telemarketing laws and do not call regulations, including those governed by the Federal Trade Commission (FTC) and Federal Communications Commission (FCC). For more information on the Telemarketing Sales Rule and Do Not Call Registry, here are a few examples of third party resources you can consult (although these are not guaranteed to be accurate or complete):
F. Prohibited Actions. You agree that the following actions are strictly prohibited and will result in immediate termination of your license to use the Software:
• Use of the software in a way that promotes pornography, illegal activities of any kind, occult, hate, or racism.
• Usage of the Software in a way that violates the intellectual property rights of Company or third parties.
• Usage of the Software in a way that violates any state, federal, or other applicable laws.
• Any action that interferes with the running of this Software.
• Any attempt to gain unauthorized access to any portion of the Software.
• Impersonating another individual or company in your usage of the Software.
G. Termination of License. Company reserves the right, in Company’s sole discretion, to terminate your license to the Software for a violation of these terms.
H. Discontinuance of Software. Company also reserves the right to discontinue supporting the Software at any time, with no notice or liability.
4. WARRANTIES AND LIMITATIONS
A. No Particular Up Time Guarantee. Since the Software uses the third party Twilio service for various calling features, Company does not and cannot guarantee that the calling network component will be available for any particular uptime percentage. Notwithstanding the foregoing, if you continue to experience issues with the calling network component that cannot be resolved directly through Twilio, you are encouraged to submit a support ticket as described in the Contact Us section so that we may investigate the problem further.
B. Disclaimer of Warranties. THE SOFTWARE, AS WELL AS ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE AND SOFTWARE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF COMPANY IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, OF WHATEVER NATURE (WHETHER IN TORT, CONTRACT, PRODUCT LIABILITY, OR OTHERWISE) COMPANY’S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO COMPANY BY YOU FOR THE SOFTWARE.
D. Credit Card Security. The enterprise version of the Software includes certain voice response system capabilities. These voice response features do not comply with and are not intended to comply with any payment card industry (PCI) or other credit card security standards. You agree and understand that such voice response system features in the Software should not be used to collect credit card information. Company shall not be liable for any claims or damages that result from a failure of the Software to comply with PCI or other credit card security standards.
E. Restrictions on Emergency Use. You agree and understand that the Software is not designed to be used for any E911 or similar emergency dialing service. You are responsible for maintaining your own access to a suitable emergency dialing service, such as through a landline or other telephone service.
F. Liability For Customer Support. In the event that you contact us for support in setting up or configuring your installation of the Software, you hereby grant our support department to make changes to your account, where such support is offered. You further agree and understand that you are responsible for verifying that the changes made by our support team are acceptable, and that you are responsible for making any corrections or customizations to your configuration that may be overwritten by our support team in order to respond to your request.
5. INTELLECTUAL PROPERTY. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us as described in Section 7.
6. THIRD PARTY REFERENCES / HYPERLINKS. This site may link you to other sites on the Internet, such as the third party Twilio service. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
7. CONTACTING US. If you need to contact us at [email protected],
8. INDEMNIFICATION. Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Software and/or this site.
9. SEVERABILITY AND INTEGRATION. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. JURISDICTION. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida. You hereby consent to binding arbitration in the State of Florida to resolve any disputes arising under this Terms and Conditions.