© Rapid Engineering LLC
All rights reserved. No part of this work covered by the copyrights herein may be reproduced or copied in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, taping, or information storage and retrieval systems - without written permission of Rapid Engineering.
"You" or "Your" means (i) in the case of a natural person, the user of the Website, or (ii) in the case of a legal entity, the legal entity on whose behalf the user is accessing the Website or the legal entity who has actual or beneficial ownership of the computer by which the user is accessing the Website.
1. License to Use. Rapid Engineering ("Rapid") grants you a limited, nonexclusive and non-transferable license to access and print the Website only for your personal and internal use, subject to the Terms. You agree not to delete any identifying marks, copyright or proprietary right notices on the Website. This license is conditioned on your continued compliance with the Terms. All rights not expressly granted herein are reserved to Rapid Engineering.
2. Information Purposes Only. This Website provides information regarding the goods, services and business of Rapid Engineering and may be used for informational purposes only. This Website does not constitute an offer to sell you any product or service, or a solicitation for you to make an offer to purchase any product or service. If the Website is considered an offer by Rapid Engineering, your acceptance of that offer is expressly limited to the Terms. If you are deemed to have ordered goods and/or services by means of the Website, then acceptance of such order by Rapid Engineering is expressly conditioned upon your acceptance of the Terms. In either case, any terms or conditions different from or additional to the Terms contained in any purchase order or other document you may send to Rapid Engineering are rejected.ANY PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE WRITTEN WARRANTY AND/OR THE WRITTEN TERMS OF SALE PROVIDED WITH SUCH PRODUCT OR SERVICE.
3. Intellectual Property. The Website, including all text, pictures, audio, video, information and other content, and including the selection, coordination, arrangement, and/or enhancement of such Material (the "Material") is the property of Rapid Engineering or its licensee(s), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights under United States and International law.
Without the express written consent of Rapid Engineering you may not modify, remove, delete, augment, copy, reproduce, publish, transmit, create derivative works from, participate in any of the aforementioned activities or in any way exploit any of the Material on the Website, in whole or in part. Any use of the Website or the Materials other than as expressly set forth in the Terms is strictly prohibited.
4. Disclaimer of Warranties. You Agree that use of the Website is at your sole risk. THE WEBSITE AND MATERIAL IS PROVIDED BY RAPID "AS IS," "WHERE IS," AND "WHERE AVAILABLE."
Rapid Engineering DOES NOT make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, completeness, reliability, security or currency of the Material. The Material may contain errors, omissions, inaccuracies, or outdated information. Further, Rapid Engineering does not warrant reliability of any advise, opinion, statement or other information displayed on the Website.
SOME JURISDICTION LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
5. Limitation of Liabilities. YOU AGREE THAT RAPID SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE OR THE MATERIAL, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL RAPID BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR THE MATERIAL, REGARDLESS OF WHETHER RAPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Submitted Information. Any information you submit to Rapid Engineering by or through the Website (including your personal information) is non-confidential and may be used by Rapid Engineering for any lawful purpose.
Neither Rapid Engineering nor any of its employees accepts or considers unsolicited ideas, including ideas for new or improved products, services, or advertising. Please do not send any original creative artwork, samples, ideas or other items. The sole purpose of the foregoing is to avoid potential misunderstandings or disputes if Rapid Engineering's products, services or marketing strategies appear to be similar to those submitted. If despite the foregoing, you send an unsolicited idea to Rapid Engineering, Rapid Engineering will not be obligated to treat the idea as confidential and may use the idea for any lawful purpose without incurring any obligation to you, including any obligation to pay you money.
7. Lawful Use. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by the Terms. You will not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, that is actually or beneficial owned by Rapid Engineering. You may not attempt to gain unauthorized access to any computer system actually or beneficially owned by Rapid Engineering, through hacking, password mining or any other means.
8. Legal Matters. The Website is controlled, operated and administered by Rapid Engineering from it offices in Buffalo, New York, USA. Rapid Engineering makes no representation that the Website or the Material is appropriate or available for use at other locations outside of the United States and access to the Website or Material from territories where the content is illegal is prohibited. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws.
The Terms shall be governed by the laws of the State of New York, USA, without giving effect to its conflict of laws provisions, AND SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALES OF GOODS.
Regardless of where you reside or where you transact business with Rapid Engineering, you agree that any transaction with Rapid Engineering shall be deemed to have occurred solely and completely within New York state and with respect to any dispute you may have with Rapid Engineering you irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within Erie County, New York, USA.
Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the occurrence of the fact or circumstance on which the claim or cause of action is based.
9. Modifications. Rapid Engineering may revise the Terms at any time without notice to you, which revisions will become effective upon the date they are first posted to the Website. It is your responsibility to return to the Website from time to time to review the most current Terms. Any new Terms will supercede any prior or subsequent terms or conditions.
10. Entire Agreement. The Terms constitute the entire agreement between Rapid Engineering and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Installation Code and Annual Inspections:
All installations and service of RAPID™ products must be performed by a contractor qualified in the installation and service of products sold and supplied by Rapid Engineering and conform to all requirements set forth in the RAPID™ manuals and all applicable governmental authorities pertaining to the installation, service and operation of the equipment. To help facilitate optimum performance and safety, Rapid Engineering recommends that a qualified contractor annually inspect your RAPID™ products and perform service where necessary, using only replacement parts sold and supplied by Rapid Engineering.
Applications, engineering and detailed guidance on systems design, installation and product performance is available through RAPID™ representatives. Please contact us for any further information you may require, including the Installation, Operation and Service Manual.
RAPID™ products are not for residential use.
RAPID™ documents are intended to assist licensed professionals in the exercise of their professional judgement.