User: You represent and warrant that (a) if you are an individual, you are at least 18 years old and otherwise legally competent in all respects to enter into and be bound by this Agreement or (b) if you are an entity, you are a corporation, limited liability company, partnership or other legal entity in good standing, and possess all legal authority and power to enter into and be bound by this Agreement. If you are a legal entity, you hereby represent and warrant that you have the authority to and do hereby bind your entity and all individuals employed or engaged by your entity that may use the Services.
Return and/or Refund of Software:
Customer satisfaction is of the utmost importance to Rainmaker Software Group, LLC. We offer a 30- day money back guarantee with our software programs, as confirmed in the applicable EULA for each program. We offer free TOTAL CUSTOMER CARE support to all of our subscribed users via phone at (800) 558-0487 or email at email@example.com. Please contact us for assistance with activations, experiencing any problems running the software, for a full refund, or to cancel your subscription. Refunds beyond the 30 day money back guarantee period will be subject to management approval. We are here to help!
All software on this site and accompanying documentation made available for download from this website is the copyrighted work of Rainmaker Software Group, LLC. Your use any Rainmaker Software Group, LLC software program is subject to the terms of the applicable license agreement (EULA). By installing and using any Rainmaker Software Group, LLC software, you agree to be bound to the terms and conditions of the End User License Agreement contained within that software.
DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. RAINMAKER SOFTWARE GROUP, LLC HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THE QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE, SUPPORT, MAINTENANCE OR INFORMATION GIVEN BY RAINMAKER SOFTWARE GROUP, LLC. RAINMAKER SOFTWARE GROUP, LLC’S REPRESENTATIVES, AUTHORIZED SUPPORTERS OR OTHER USERS SHALL CREATE A WARRANTY. THE FOREGOING DISCLAIMERS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY RAINMAKER SOFTWARE GROUP, LLC AND/OR ANY OTHER USERS.
LIMITATION OF LIABILITY: RAINMAKER SOFTWARE GROUP, LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL RAINMAKER SOFTWARE GROUP, LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT RAINMAKER SOFTWARE GROUP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. RAINMAKER SOFTWARE GROUP, LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY. IN ANY EVENT, RAINMAKER SOFTWARE GROUP, LLC ‘S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO DISCONTINUE USE OF THE SERVICES. IN NO EVENT SHALL RAINMAKER SOFTWARE GROUP, LLC’S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO RAINMAKER SOFTWARE GROUP, LLC FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, RAINMAKER SOFTWARE GROUP, LLC’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY RAINMAKER SOFTWARE GROUP, LLC AND/OR ANY OTHER USERS.
Indemnification: You shall defend and hold harmless Rainmaker Software Group, LLC (and its owners, directors, officers, employees, affiliates, agents, representatives, successors and assigns) from and against any third party claim, action, suit or proceeding that arises from, is based on or related to your breach of this Agreement or any unauthorized use of the Services and indemnify Rainmaker Software Group, LLC for all losses, damages, expenses and costs (including reasonable attorneys’ fees) incurred by Rainmaker Software Group, LLC as a result of any such claim, action, suit or proceeding.
Reservation of Rights: Rainmaker Software Group, LLC reserves all rights not expressly granted to you by this Agreement.
Survival: The following provisions shall survive the expiration or termination of this Agreement: disclaimer of warranties, exclusions of damages, limitation of liability, indemnification, benefit of provisions, venue, governing law, dispute resolution and class action waiver and reservation of rights.
Benefit of Provisions: All provisions of this Agreement that disclaim warranties, exclude damages and limit liability shall be for the benefit of Rainmaker Software Group, LLC and our affiliates, partners, licensors, vendors and similar parties.
Any dispute arising out of your use of the websites, material and/or content from the websites shall be resolved according to the laws of the State of Delaware, in the United States of America without regard to the conflicts of laws principles thereof. The State of Delaware shall have exclusive jurisdiction over all claims. Rainmaker Software Group, LLC makes no representation that the materials and/or content on the websites are appropriate or available for use in all locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the websites from other locations do so on their own initiative and are responsible for compliance with local laws.
Use of Trademarks
The names of our programs, including words and logos (“our trademarks”) are registered trademarks of Rainmaker Software Group, LLC. You may not at any time use our trademarks as part of any business or trading name, style or domain name.
Linking to our Website and Use of Logos
You may link to the home page or subpage of our website www.rainmakersoftware.com (“our Website”) provided that you comply with the following terms. You may not link to our Website or use or reproduce our trade marks or logos other than is expressly allowed in as detailed below:
You may not link to our website from any website that is not owned by you or which is acting indecent, unlawfully, or inappropriately.
You shall not link to our site from any website that is in any other way negative or incompatible with our reputation.
Except where you are expressly permitted to do so by rainmakersoftware.com or Rainmaker Software Group, LLC, you shall not link to any images displayed anywhere on our Website.
You shall not link to our site in a way that is illegal or jeopardizes the reputation of Rainmaker Software Group, LLC, or any Rainmaker Software Group products.
In linking to our site, you must not imply any form of approval, endorsement, or association with raimakersoftware.com or Rainmaker Software Group, LLC unless expressly given by our site.
You will not do, or omit to do, anything to diminish our rights in the logos or other trademarks or impair, jeopardize or invalidate any registration of the logos or trademarks and you will not alter, change or modify the logos in any way.
You shall not at any time use our trademarked terms as part of any business or trading name, style or domain name.
You acknowledge that all rights in the logos are vested in us and you shall not assert any claim of ownership of the logos or to the goodwill or reputation thereof by virtue of your use of the logos or otherwise. You agree that any goodwill derived from your use of the logos shall accrue to us.
We reserve the right to withdraw this permission for any reason without notice and to demand that you immediately remove any links to our Website, our name, trade marks or logos from your website.
Use of Website
You may not use our Website in such a way that disrupts, interferes with or restricts the use by other users. You have the limited right to view the materials and/or content on this site, and download the software from this site, for your personal use. You may not reproduce or copy the content of our Website in any form without prior permission. We reserve the right to withdraw this permission for any reason without notice and to demand that you immediately remove any copyrighted material. You may not modify the content on this site in any way.