MANAGE A PROPERTY NOW USER LICENSE AGREEMENT

v 1.0
Welcome to Manage a Property Now’s Site. This website is operated by Rapid Fire Software Solutions Inc., a Wisconsin corporation ("we," "us," "our," or "RFSS"). The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms") apply to your use of our website ("Site"), which is owned and operated by us.

You must accept and agree to these Terms and our Privacy Policy, located here: [link] in order to use or access the Site. If you do not agree to these Terms or our Privacy Policy, you may not use or access the Site.

Please save a copy of these Terms for your records. These Terms are also available on the Site at [link].

The Site is integrated with and relies on third-party services and providers (the “Service Providers”). Before using or accessing the Site, you must also accept and agree to the terms and conditions and privacy policies of the Service Providers. Our current service providers are:

Ignite Payments [Link]
First Data Corporation [Link]
National Bank of Commerce [Link]
Albin Acquisition Corporation, d/b/a Rental History Reports (“RHR”) [Link]


The list of Service Providers may change, and individual Service Providers may change their terms of service or privacy policies.

We may revise and update these Terms and/or the Privacy Policy from time to time in our sole discretion, and will post any updates to the Terms on the Site and/or via email communication. Your continued use of our Site, or any other service provided through the Site or a third party service and provider, means that you accept and agree to the modified Terms and any terms of a third party service and provider.

These Terms are effective as of 12/19/2016.

1. Relationships of Parties

1.1 Purpose of Site: This Site operates to allow Landlords (owners of property that lease their property to Tenants) to manage their rental property or properties. The Site also allows Tenants (those that lease property from Landlords) to apply for a Lease (the agreement governing the rental of the property) and make payments as required by a Lease. The Site and RFSS are not and will not be part of your Lease, part of the application process, or involved in any other way in the relationship between a Landlord and a Tenant that make use of the Site.

1.2 Not a Landlord and No Claims that RFSS is a Landlord: The Site and RFSS are not a Landlord, and by using the Site, you agree that you will not make any claim that RFSS is your Landlord, your property manager, or responsible for your Landlord’s conduct in any way.

1.3 Not a Tenant and No Claims that RFSS is a Tenant: The Site and RFSS are not a Tenant, and by using the Site, you agree that you will not make any claim that RFSS is your Tenant, or responsible for your Tenant’s conduct in any way.

1.4 Not a Background Check Provider: The Site allows Landlords and Tenants to conduct background checks through use of RHR, which is a Service Provider. RFSS does not see the investigatory data or background check information or reports, such as credit history or other personal information, that is provided by Tenants to RHR and Landlords, developed by RHR, or provided by RHR to Landlords. By use of this Site, you communicate your understanding that RFSS is not involved in the background check process, and that you will not provide background check data to RFSS. Any questions, claims, or disputes regarding the background check process must be directed to RHR.

1.5 No Dispute Resolution: The Site and RFSS do not provide any mediation, go-between, arbitration, or other dispute resolution service of any kind. By using the Site, you agree that you will not ask or expect RFSS to resolve disputes between you and a Landlord or a Tenant, or directly intervene in or seek a resolution to any dispute on your behalf.

1.6 No Claims Against the Site or RFSS: By using the Site, you agree that you will not assert a claim that the Site or RFSS is a Landlord, a Tenant, or responsible for the conduct of any Landlord or Tenant. You further agree that you will not name the Site or RFSS in any lawsuit, claim, or other action against a Landlord or Tenant unless you have a specific claim directly against Site or RFSS. You further agree that any claim against Site or RFSS may only be brought in the jurisdiction allowed by these Terms.

2. License

2.1 Grant of License: You are granted a non-exclusive, non-transferable, limited, and revocable license to access and use the Site as provided in these Terms (the “License”). This License is conditioned on your continued compliance with these Terms. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Site or any service provided by RFSS.

2.2 Use by Tenants Without Monthly License Fee: Individual Tenants may use the Site to communicate with Landlords, pay rent, and any other use made available to Tenants through the Site by RFSS, without paying a license fee. Tenants obtain no rights to the use of the Site, and RFSS and any Landlord using the Site may terminate services to Tenants without notice. RFSS will have no liability to Tenants for any inability to make payments or access the Site in any way if a Landlord has ceased to accept payments through the Site, if a Landlord’s license has lapsed or been terminated, or for any other reason.

2.3 Fees Charged to Tenants: RFSS will charge some fees to Tenants based on specific individual uses of the Site, such as Automated Clearing House transaction fees, or other payment or transaction fees. By using the Site, Tenants agree to payment of such fees.

2.4 Monthly License for Landlords With License Fee: A Landlord’s License to use the Site is valid only on a month-to-month basis based on payment of a subscription. Your ability to access the Site depends on timely payment of your monthly license fee and compliance with these Terms, and you will be unable to access the Site, including any information you have stored on the Site, if you fail to pay for your subscription on a timely basis, if we cease operating the Site, or if you violate these Terms.

2.5 Payment for License by Landlord: Your License is based on payment of your monthly subscription to the Site. You agree to pay the monthly License fee, which we will set in our sole discretion, by valid credit card or Automated Clearing House (“ACH”) payments. Purchasing a License and agreeing to these Terms provides your authorization for us to charge you the applicable license fee through the method you select. All payments are made for the following month, and will be due on the on the monthly anniversary of your original subscription date. For example, if you open an account on April 5, your first payment will be due that day, and will allow you to use the Site until the next payment is due on May 5.

2.6 Individual User Licenses: Landlords must register an account and pay a subscription fee for each and every account on the Site. Each account holder may use the Site only with their individual account information. No accounts may be shared by multiple Landlords.

2.7 Permitted Use of the Site: You may use the Site only for the purpose for which it was designed and is intended, which is administration/management of rental properties by Landlords and/or payment of rent by Tenants (“Work”). As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree: (i) You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) You will not use the Site to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) You will not collect or store personal data about other users of the Application, except as required to facilitate Work; (iv) You will not use the Site for any commercial purpose not expressly approved by us in writing. You will not use the Site to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication; (v) You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (vi) You will not use the Site when you are driving a motor vehicle, even if doing so is legally permitted in your location.

2.8 No Abuse: You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

2.9 No Reverse Engineering: You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included in the Site).

2.10 Geographic Restriction and No Prohibited or Restricted Parties: The Site may only be used within the United States of America, and within states where RFSS allows accounts to be created. Use outside of the United States of America is outside the scope of this license and will result in termination of this License and closure of your account(s) with us. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.11 Closing Account and Access to Data: A valid, current account is required to utilize the Site. If your subscription is terminated or closed, data you created on the Site prior to your account being terminated or closed will not be accessible. You may not utilize the Site to access your account information, create new Work, or use the Site in any other manner after your account is terminated or closed. RFSS will maintain data for closed accounts unless you request, in writing as required by these Terms, that your account data be deleted.

2.12 Termination of Accounts and/or Site Access by RFSS: We reserve the right to terminate access to the Site at any time for any reason.

2.13 Accuracy of Information: You agree to timely provide accurate information to us in order to use the Site. This includes correct legal names, addresses, account numbers, and any other data requested by us.

3. Security of Data Transmission and Storage: Your electronic communications and data submitted to us as part of your use of the Site may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, Work information, and personal data, may be accessed by unauthorized third parties when communicated between you and us or between you and other parties using the Site. We are not responsible for securing your electronic communications or the devices you use to access the Site. We will have no liability for any damages of any kind caused by a breach of the Site that results in a loss of your data.

4. RFSS’s Intellectual Property

4.1 Ownership: The Site and all portions of the Site are copyrighted by RFSS unless otherwise indicated. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our property or the property of our suppliers and protected by trademark, copyright, other laws, and international treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

RFSS does not own, and makes no claim to, the intellectual property rights of the Service Providers.

You agree that you do not acquire any ownership rights in any Site content. We do not grant you any licenses, express or implied, to our intellectual property or to that of our licensors except as expressly authorized by these Terms.

4.2 No Modification: You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Site content solely for its intended use, and will make no other use of the content without our express written permission.

4.3 No Claims On Our Behalf: We are solely responsible for investigating, defending, prosecuting, settling, and discharging any third-party claim that the Site infringes on that third party’s intellectual property rights.

5. Use of the Site for Payments

5.1 The Site will use the Service Providers to process some transactions, including ACH payments. The Site is not financially supported, endorsed, or certified by the Service Providers. The Service Providers that process payments are currently National Bank of Commerce, First Data, Ignite Payments, and PayPal.

5.2 Consent: By using the Site and agreeing to these Terms, you agree to use of the Service Providers for processing transactions. Your consent and agreement includes, but is not limited to, collecting, displaying, and transmitting financial account information and other data to the Service Providers for payment processing. We may change payment processing vendors in the future, and if so, your continued use of the Site after such a change indicates your consent to use of the new vendor.

5.3 Creation of Accounts: By agreeing to these Terms, you authorize us to create and administer an account for you with the Service Providers in order to process payments or complete transactions that you initiate through the Site.

5.4 Authorization to Debit and Credit Account: By agreeing to these Terms, you authorize us to debit and credit your accounts on behalf of RFSS, the Service Providers, and those that you initiate transactions with through the Site. You also authorize us to use your financial account information to process credits and debits related to your use of the Site.

5.5 Liability for Payments: You are liable for payments and other financial activity you initiate using the Site. In the unlikely event that we are required by a Service Provider and/or any other financial institution to make a payment on your behalf, you will still be liable to us for the full amount of such payment as well as any additional fees we incur in making such payment. You agree that we may use any means available to us, including a direct charge to your account that we have on file, to recover such payment and fees.

5.6 Rent Payments Held for Clearance: RFSS will hold all rent payments made by Tenants for five (5) business days before releasing the payment to the Landlord. RFSS will not pay interest to the Landlord or the Tenant for the period that any particular rent payment is held before disbursal to the Landlord.

5.7 Fees for Returned Checks: If a rent check or other payment is returned or denied for Non-Sufficient Funds (“NSF”), RFSS will charge the Landlord receiving the transfer a $15 fee. RFSS will also charge the receiving Landlord the amount of the loss suffered by RFSS. By using the Site and maintaining a subscription, Landlords grant RFSS permission to recover funds lost due to NSF rent payments from the Landlord’s checking account via ACH payments.

5.8 Fraudulent Chargebacks: If a chargeback is initiated that RFSS believes to be fraudulent in nature, RFSS will work to deny the chargeback and may take action, up to and including initiating a legal action, to recover any losses RFSS suffers. RFSS may deny future use of the Site to tenants or landlords that initiate chargebacks that RFSS disputes.

6. Maintenance and Support

6.1 By Us: We are solely responsible for maintenance and support of the Site in our discretion. We make no representation or warranty regarding the availability of the Site, the scope of our maintenance and support, or the speed at which any complaint or reported issue will be addressed, or whether such complaint or reported issue will be addressed at all.

6.2 Site Only: We are not responsible for and will not provide any maintenance or support for any device used to access the Site.

6.3 Site Compatibility: WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SITE WILL BE ACCESSIBLE OR COMPATIBLE WITH ANY COMBINATION OF HARDWARE, SOFTWARE, OR INTERNET ACCESS METHODS YOU MAY CHOOSE TO USE TO ACCESS THE SITE.

7. Third Parties and Service Providers

7.1 No Endorsements: The Site provides management, communication, and facilitation services for your Work. The presence of any particular third party supplier, product, or service, or links or other contacts to third party suppliers, products, or services within or outside the Site does not indicate any review, endorsement of, or warranty regarding such supplier, product, or service by us.

7.2 Contracts with Landlords, Tenants, and Third Parties: The Site allows you to create contracts with other parties for goods or services, such as rental agreements. You are ultimately responsible for creating and understanding the contract terms, including any warranties, payment terms, conditions, and other required details for any contract you create with a third party using the Site. We do not warranty and will not create contracts, or any other documents for your use in contracting with third parties using the Site or otherwise. You agree to communicate directly with third parties, using the Site or otherwise, to establish the terms of any contract with such third party.

This Site does not provide legal advice, and we do not provide any warranty for any contract you create through the Site or otherwise. You should seek counsel of an attorney of your choice if you have questions regarding the legality and/or enforceability of any contract and/or notice made through this Site or otherwise.

7.3 No Liability: We are not responsible for performance of any obligations to any third party, including but not limited to, your customers, tenants, landlords, employees, contractors and/or any third party service provider whether such service provider is integrated or linked through the Site or not. We do not control such third party businesses, websites, goods, or services and will not be responsible for their content or for any breach of contract, warranty claim of any sort, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or any other party. If you access these third party businesses, sites, goods, or services, or use the Site to access these third party businesses, sites, goods, or services, you do so at your own risk. All rules, policies, terms, warranties, and other transactions, agreements, policies (including privacy policies) and operating procedures of businesses, sites, sales, and services operated by third parties will apply to you while on such sites or through the agreements you make with those third parties. We are not responsible for the accuracy or security of information provided by you to third parties or by third parties to you. You agree to defend and indemnify us for any and all liabilities, claims, lawsuits and/or damages alleged, claimed and/or awarded by or to any third party, whether such third party is your customer, tenant, landlord, employee, contractor or any third party service provider used by you, whether or not such third party service provider is integrated through this Site or not.

7.4 No Dispute Resolution: We are not a party, and will not be a party, to any contracts, leases or other arrangements you make with another user of the Site. We will not provide mediation, arbitration, or any other dispute or claim resolution services between you and any other party, whether or not such dispute or claim is related to your use of the Site. You are solely responsible for reviewing, understanding, and agreeing to any contracts, terms or service agreements, policies, and/or leases you make with other parties.

8. No Legal Services

8.1 Professional Services: We do not provide legal and/or other professional services. We do not warranty the legality and/or enforceability of any contract, document, notice, correspondence and/or lease created through this Site or otherwise. If you have questions regarding the legality and/or enforceability of any such document you should consult with a lawyer of your choice in your state and region.

8.2 Not Legal Advice and No Representation Regarding Documents: You are solely responsible for the legality and effectiveness of any lease, notice, letter, advertisement, or other document you create through the Site or upload to the Site and use in your business or interactions with others. We do not conduct any legal review of your documents, and will not do so if asked. Retain your own legal counsel if you have any questions regarding leases, notices, documents, or the law as it applies to your particular situation or question.

8.3 No Trademark Investigation or Representation: The Site allows Landlords to create a logo or design for their business use. Site and RFSS make no representation that any logo, design, or similar creation that you develop using the Site will be free from trademark infringement. Given the limited nature of designs available through the Site, it is possible that what you create will be similar to another user’s creation. Site and RFSS will not undertake any trademark clearance searches or investigations for the logo or design you create or the name you use for your business. You are solely responsible for your use of the logo, design, or similar creation that you develop using the Site.

8.4 No Copyright Investigation or Representation: The Site and RFSS make no representation that the forms you upload, or any modifications that you make to forms or other documents made available through the Site will be free from copyright infringement. You are solely responsible for the content of any form that you upload or create through the Site, or the modifications you make to any form provided by the Site.

8.5 Housing Laws: You are responsible for following all applicable housing and other laws and rules in the jurisdictions where you lease or rent property. Site and RFSS will not review your documents, advertisements, or any other aspect of your business or interactions with tenants, landlords, or other parties that make use of the Site. In addition, by using the Site, you are agreeing to defend and indemnify RFSS as described below.

9. Indemnification

9.1 Of Us: You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents and successors and assigns, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (i) your use of or inability to use the Site; (ii) any claim that your Work violates the intellectual property (trademark, copyright, patent, etc.) or other rights of a third party; (iii) any claim that you have breached any contract or violated any rule, regulation, code, or any other applicable law or regulation; (iv) any claim arising out of your leasing and/or renting of property, including your negligence, or failure to perform; (v) any claim based on or connected with your use of the Site; (vi) your violation of these Terms and/or the terms and conditions of any third party service provider, whether or not such provider is integrated through this Site or not; (vii) your violation of any rights of a third party; or (viii) any dispute arising from a payment and/or failure to pay a third party.

9.2 Our Right to Defend: We reserve the right, at your cost, to assume the exclusive defense and control of us in any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any of our available defenses.

10. Electronic Communications and Contracting

10.1 Consent to Communications: Visiting the Site, using the Site, or sending emails to us or to a third party using the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the "unsubscribe" link on the email you receive, follow instructions in our Privacy Policy, or change your user preferences within the Site. There are certain Site-generated and legal notices that you cannot opt out of without deactivating your account.

10.2 Review by Us: We and our affiliates and agents are permitted, but not obligated, to review or retain your communications over the Site. We may monitor your communications to evaluate the quality of service you receive, your compliance with these Terms, the security of the Site, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we or our affiliates or agents monitor your communications and enforce or fails to enforce these Terms. In no event will we or any of our affiliates or agents be liable for any costs, damages, expenses, or any other liabilities claimed or incurred by you as a result of monitoring activities by us or our affiliates or agents.

10.3 Electronic Signature: You agree to be bound by any affirmance, assent, or agreement you transmit to us or any third party using the Application. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Site, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

11. Disclaimer of Warranty and Limitation of Liability

11.1 Disclaimer of Warranty: RFSS AND/OR ITS AFFILIATES, SERVICE PROVIDERS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, INCLUDING INFORMATION, SOFTWARE, PRODUCTS, SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ARE NOT LEGAL ADVICE.

RFSS AND/OR ITS AFFILIATES, SERVICE PROVIDERS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THIS DISCLAIMER APPLIES ONLY TO RFSS AND/OR ITS AFFILIATES, SERVICE PROVIDERS, AND SUPPLIERS. THIS DISCLAIMER DOES NOT APPLY TO AGREEMENTS YOU MAKE USING THE SITE WITH ANY THIRD PARTY, INCLUDING LANDLORDS OR TENANTS.

11.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RFSS AND/OR ITS AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE OR THIRD PARTY PROVIDERS, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RFSS AND/OR ITS AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO IMPLEMENT SECURITY POLICIES AND CONTROLS APPROPRIATE FOR YOUR BUSINESS.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

12. Governing Law, Venue, Jurisdiction

12.1 Wisconsin Law: These Terms shall be treated as though they were executed and performed in Wisconsin, and shall be governed by the laws of the State of Wisconsin and the laws of the United States without regard to conflict of law principles. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Douglas, in the State of Wisconsin.

12.2 Time to Assert Claims: Any claim or dispute related to the Site or under these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred.

13. Miscellaneous Terms

13.1 Entire Agreement: These Terms, together with our Privacy Policy, are the entire agreement between you and us related to your use of the Site and supersedes any prior oral or written agreements related thereto.

13.2 Notice to Us: Any complaints, comments, or other communications must be sent to us by First Class U.S. Mail or email using the following contact information:

Rapid Fire Software Solutions
722 Tower Ave
Superior, WI 54880

13.3 Notice to You: You agree that we may send you any notice required by these Terms by email at the email address you provide, and that such notices need not be sent by U.S. Mail.

13.4 Captions: The captions and headings of the paragraphs of this Agreement are for convenience only and are not to be used to interpret, define or limit the provisions hereof.

13.5 Survival: Your obligations under these Terms will survive the termination of your License and use of the Site until the later of the following: (i) the expiration of any contract you make using the Site and the applicable statute of limitations for any claims regarding such contract or (ii) the final processing of any payment due to us or a third party related to your use of the Site. Your obligations under these Terms may therefore extend beyond your use of the Site or the term of your License.

13.6 Severability: To the extent that any portion of these Terms is found to be unenforceable, you agree that the remaining portions of these Terms will remain in force and enforceable against you or us, and the entire Terms will be construed as if not containing the particular invalid or unenforceable provision. We will work to amend these Terms with a reasonable provision that is as close as possible to the invalid or unenforceable term.

13.7 Force Majeure: We will not have any obligation or responsibility to you if the Site or any part of the Site is unavailable or is delayed as a result of any Event of Force Majeure. An “Event of Force Majeure” will consist of any of the following: any occurrence beyond our reasonable control, including, but not limited to, acts of God or the public enemy, acts of any governmental authority, inability to provide the Site because of strikes, embargoes, fires, floods, power outages, internet outages, epidemics, quarantine restrictions, unusually severe weather, natural disaster, war, terrorism, or other unforeseen or uncontrollable event.

13.8 Assignment: We may assign our duties and obligations under these Terms as we deem necessary, including as part of a merger, asset sale, outsourcing effort, or other transaction. You may not assign, transfer, or sell all or any part of your account or obligations under these Terms without our express written permission unless such assignment, transfer, or sale is in connection with an assignment, sale, or transfer of your business. Any transferee of your account or obligations under these Terms will be deemed to accept these Terms.

13.9 Waiver: No waiver of any provision of these Terms is valid unless in writing and signed, including electronically, by a valid representative of the party making the waiver. Any waiver is limited to the specific situation it is given, and waiver of one event will not set a precedent or constitute waiver of the same or similar event in the future.

13.10 Amendment: We may revise and update these Terms and/or the Privacy Policy from time to time in our sole discretion, and will post any updates to the Terms on the Site. Your continued use of our Site, App, or Site, or any other service provided through the Site, App, or Site, means that you accept and agree to the modified Terms.