TERMS AND CONDITIONS

Your use of this website and products advertised one this website is governed by the terms and conditions set forth in this contract. You will be deemed to have accepted the terms and conditions set forth if:

(1) You browse multiple pages on this website for any reason, OR
(2) You purchase software via this website, OR
(3) You use links on this site to access 3rd party sites.

All 3rd party products are trademarks of, and are subject to the additional terms of, their respective companies or software licensing agreements.

Should you not wish to be bound by these terms and conditions then you must refrain from continuing to use this website and refrain from using any links on this website to make purchases or access 3rd party websites. To exit, simply close your browser window.

COPYRIGHT NOTICE

Software available via this website is protected by copyright law and international treaties. Unauthorized duplication or distribution may result in severe criminal and civil penalties and will be prosecuted to the maximum extent of the law.

SOFTWARE IS PROVIDED WITHOUT WARRANTY

While reasonable efforts are made to deliver high quality products, we cannot guarantee all software to be free from defects. All software is provided "as is", and you use the software at your own risk.

Software owners and distributors makes no representations or warranties of any kind concerning the quality, safety, merchantability, fitness for a particular purpose, non-infringement, or any other warranties whether expressed or implied, of the products available on or via this web site.

You are solely responsible for adequate protection and backup of the data and equipment used in connection with software.

Under no circumstances shall owner or distributor of software be liable for direct, indirect, special, incidental, or consequential damages or loss resulting from the use, misuse, or inability to use this software, including without limitation, lost revenues or lost profits, even if owner or distributor has been advised of the possibility of such damages.

AGREEMENT TO USE SOFTWARE LAWFULLY

Software, like any other tool, has the potential of being misused. By purchasing software on or via this website, you agree to use that software in a manner that complies with all Local, State, and Federal laws. You agree to familiarize yourself with all relevant issues, and to ascertain the applicable laws in your area, before downloading or using software. If you are unaware of the applicable laws or unsure of your responsibilities, you agree to consult with a qualified legal advisor before proceeding with this purchase.

Information on this website does not constitute legal advice or expert opinion. Information provided in retail sales pitches or product descriptions DO NOT necessarily include all or any information regarding laws related to the products use. You agree not to use any information provided on this website as a substitute for legal advice for any reason, including, but not limited to, the use of software purchased via this website, or from any other source, for a particular purpose.

RCRSoft will not be liable for any violations by you, or losses incurred by you as a result of using software purchased via this website, or acting on information provided on this website. You agree to indemnify RCRSoft and keep RCRSoft indemnified against any claim, loss, liability, damages or expenses (including legal expenses on a full and unqualified indemnity basis) arising out of any use or misuse by you of any of the pages or content on this web site, or of the software provided advertised on this website.

SPECIFIC WARNINGS

The terms, conditions, and specific warnings in this section are ONLY a small reflection of some legal issues regarding some specific product types. This section DOES NOT form a complete set of rules for using any product.

i. Automatic Dialing and Voice Broadcasting Software:
Depending on your location, the recipients’ location, and the nature of the transmitted message, consent may be required before contacting any person, company, or party using an automatic dialing or recording software. If required by applicable laws, you agree to monitor all automated calling, to introduce the message with live voice if required, to confirm that the line is released immediately after the recipient hangs up, to interact with the recipient if requested, to confirm that calls are placed during legal hours, and to confirm that the software operates in a lawful manner in all ways and at all times. You are solely responsible for making sure that no person, company or other party is contacted using such software without consent of the receiver where required. Laws vary depending on the nature of calls (type of organization), the recipient, and the State of the caller and/or recipient. Furthermore, some States may require that you first notify your telephone company before using such software. If you are unsure of the legality of your intended use, or of your responsibilities, you agree to consult with a qualified legal advisor before using automatic dialing or voice broadcasting software.

ii. Email and Fax Sending Software
Any software that performs email or fax transmissions is intended only for communications where the sender and receiver have an existing relationship, and where the receiver has requested the document or data being sent. Examples include transmissions to a newsletter subscriber, or a retailer sending updates to customers that have requested those updates. You agree to use email or fax sending software in a manner that complies with Federal law, your State and local laws, and the receivers State and local laws. You further agree to offer an unsubscribe method and to maintain a "do not contact" list that complies with Federal, State, and Local laws. You agree to consult an attorney if you are unaware of the legal issues or requirements.

iii. CD/DVD Copying Software:
It is against the law to reproduce copyrighted material for the purpose of selling it to third parties. US Laws only allows for you to make one backup copy of any software or media for personal and archival purposes, which is the ONLY intended use for such software. Programs are not meant for those who intend to break copyright laws, in no way will we be held responsible if you do. Any other use of this software is strictly prohibited.

iv. Data Mining and Information Extraction Software:
Information retrieved from Internet sites that you do not own may not be sold or distributed for any reason without the prior permission of the owner of the website that it was retrieved from.

You agree to use any contact information retrieved (such as fax numbers) in a manner that complies with Federal, State, and local laws. For example, you may not transmit commercial material via fax without prior permission of the recipient. Contact phone numbers can often be located by using the search engine accessed by the software to find and view the page where the fax number was extracted.

v. Webcam Monitoring, Security, and Surveillance Software
Monitoring, security, and surveillance software should not be used in critical situations. PC software is not a substitute for professional security systems and equipment. Any webcam software should be considered a novelty item for entertainment or non-critical purposes. It is your responsibility to use the software in compliance with all Federal, State, and Local laws, including, but not limited to, Privacy laws. If you are unaware of all applicable legal issues, you agree to consult with a qualified legal advisor before proceeding with this purchase.

vi. Computer and Internet Privacy Software
Software related to computer or Internet privacy is intended only to INCREASE your level of privacy. We cannot and DO NOT guarantee any software to completely protect your privacy. We do not sell any full proof protection against all hackers, trojans, spyware, surveillance, tracking, or monitoring attempts.

Computer scanning, file encryption, and data deletion software is intended to help find, remove, and delete objectionable material, or to encrypt sensitive information. This software is not guaranteed to locate all files, or to provide 100% fault proof deletion or encryption.

vii. Parental Monitoring and Spy Software
Monitoring software (including "parental control", "spy software", "spyware", "keyloggers", etc.) is intended to be used ONLY for parental monitoring, or other LEGAL purposes on a computer that you own ONLY. Monitoring other people's activities, computer use, or communications without their knowledge may be considered an illegal activity by many courts. If a person other than your child, or a person over the age of 18, may use your computer, you agree to deactivate monitoring or tell them that they are being monitored before they use your computer. It is your responsibility to ascertain and obey all applicable local, state and federal laws in regard to the use of such software. If you are unaware of the applicable laws, you agree to consult with an attorney or qualified legal advisor before using the software.

viii. Telephone Conversation Recording Software
Laws relating to the recording of telephone conversations vary. You should assume that you must notify all parties before recording a telephone conversation. If you are unaware of the applicable laws, you agree to consult with an attorney or qualified legal advisor before using such software.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall owner or distributor of software be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use software advertised on this website, including without limitation, lost revenues or lost profits, even if owner or distributor has been advised of the possibility of such damages. In no event shall owner's or distributor’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for the software product. The provider of this software assumes no liability and is not responsible for any misuse or damage caused by software products.

It is your responsibility to obey all applicable local, state, and federal laws when using software or information provided via this website. If you are not completely aware of all applicable legal issues, you agree to consult with a qualified legal advisor (attorney) before using any software or information advertised on this website. You agree to indemnify, defend and hold RCRSoft harmless from and against any and all claims, liability, loss, damage or expense, including reasonable attorney's fees, arising from, or in any way related to, your use of software or information available via this website. If you have a dispute with any third party, you agree to release RCRSoft from any and all claims and demands, and from liability for any and all damages (actual and consequential) arising out of or in any way connected with such disputes.

While reasonable efforts are made to deliver high quality products, we do not guarantee any software to be free from defects. All software is provided "as is," and you use the software at your own risk. We make no warranties as to performance, merchantability, fitness for a particular purpose, or any other warranties whether expressed or implied. RCRSoft will not be liable for damages of any kind arising (directly or indirectly) out of or in connection with the use of the products available via this web site, or any damage to any user's equipment or data caused as a result of the use or attempted use of any software products. You are solely responsible for adequate protection and backup of the data and equipment used in connection with all software.

JURSDICTION AND VENUE

The formation, construction, and interpretation of this agreement shall be controlled by the laws of the State of California, U.S.A, as such law applies to agreements between California residents entered into and to be performed within California, without regard to conflict of laws principles. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco County, State of California, U.S.A., and you agree to submit to the personal and exclusive jurisdiction and venue of these courts. You agree that any dispute will not be heard by a jury and may not be made part of a class action.