Modified on Monday, October 27, 2008. The most recently modified items are in bold.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH REBRAND SOFTWARE, LLC OFFERS ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Rebrand Software, LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain of www.RebrandSoftware.com (the "Site"), and the purchase/use of all software offered by Rebrand Software, LLC ("The Software"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below, before you may become a member of RebrandSoftware.com, which is required to purchase brandable software. By accepting this User Agreement, you also agree that your use of The Site and The Software will be governed by this User Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you by email of these changes. This Agreement may not be otherwise amended except in a writing signed by you and Rebrand Software, LLC. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on July 25th, 2003 for all users.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 13). If you do not qualify, please do not use our Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
Joining the Site is free. We may raise or lower the price of our Software from time to time. You will be accountable for the quoted price of the software at the time of purchase. You are responsible for paying all fees associated with using our Software and the Site, including all applicable taxes arising from sale of the Software to third parties. We may, at any time, choose to discontinue our services to any and all members.
Your Information and License.
Definition. "Your Information" is defined as any information you provide to us in the registration, the information you submit to our site, or through any email. You are solely responsible for Your Information. We will never distribute your information to any third party, except in situations that require your information for legal confirmation of ownership/rights to software titles that you have purchased from us.
You agree to enable Rebrand Software, LLC to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use Your Information. You grant Rebrand Software, LLC the use of your information for use in the customization of software, graphics and written words related specifically to your purchases.
Without limiting other remedies, we may limit your activity, immediately remove your account, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
We do not sell, rent or loan your personal information to third parties for any reason. We view protection of users' privacy as a very important principle. We understand clearly that you and your information is one of our most important assets. We have made reasonable attempts to secure all information provided to us.
WE, OUR SUBSIDIARIES, EMPLOYEES, AFFILIATES AND OUR SUPPLIERS PROVIDE OUR WEB SITE, SOFTWARE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE, OUR AFFILIATES, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SOFTWARE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold us, our affiliates, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, and your sale of our software.
You will not modify our software or installers in any way to add adware, spyware, malware, or any third party software to them, with the exception of software protection/registration systems. You will not use deceptive advertising techniques when selling our software.
Rebrand Software, LLC reserves the right to terminate and lock without refund any program found to be in violation of the law or this agreement.
You and Rebrand Software, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes.
In the event a dispute arises between you and Rebrand Software, LLC, our goal is to provide you with quick means of resolving the dispute quickly. Accordingly, you and Rebrand Software, LLC agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first Contact Us to seek a resolution and we will consider reasonable requests to resolve the dispute personally, as an alternative to litigation.
Unless otherwise noted, Rebrand Software, LLC is the owner, author and legal copyright holder of all images, information and software contained on the site. Rebrand Software, LLC reserves the right to transfer ownership and resell/distribution rights to our customers. This transfer of ownership/rights will become active immediately when Rebrand Software, LLC notifies the recipient of said rights orally, in writing, through electronic mail, or through secure documents hosted on The Site.
Rebrand Software will provide verification of transfer of ownership/rights upon request.