Owners and Collectors of Information
MRG Consulting, LLC
114 C Avenue
Coronado, CA 92118
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. The Relationship Centered Practice® is trademarked by MRG Consulting, LLC, and all information on the Sites is copyrighted by MRG Consulting, LLC. Unless otherwise noted, you may access and use the information and materials within the Sites for personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
Events, Information, and Speaker Changes
The events, information, and speakers listed on our Sites are subject to change without notification.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings if ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material ("Submission"), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
The information, services, products, claims, seminar topics, and materials on our Sites are provided "as is" and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children's exploration of the internet and any online services and use their browser's parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Explicit Language & Mature Content
On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.
Confidentiality and Non-Compete
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect your information in order to record and support your participation in the activities you select. If you register for a seminar, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at [email protected] You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us and our technology services provider by using "cookies" during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
IMPORTANT NOTICE: PLEASE READ THIS END-USER
LICENSE AGREEMENT (EULA) CAREFULLY
BY CLICKING "I AGREE", DOWNLOADING, ACCESSING, RUNNING OR USING RELATIONSHIP CENTERED PRACTICE® ACADEMY ("RCPA") AND DOCUMENTATION, YOU AGREE (I) THAT THIS EULA IS A LEGALLY BINDING AND VALID AGREEMENT, (II) TO ABIDE BY THE TERMS AND CONDITIONS OF THIS EULA, AND (III) TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS EULA ARE NOT VIOLATED BY ANY PERSON OR ENTITY UNDER YOUR CONTROL OR IN YOUR SERVICE. IF YOU ARE USING RCPA ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS EULA FOR THAT ORGANIZATION AND PROMISING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN THAT CASE, "YOU" AND "YOUR" ALSO REFERS TO THAT ORGANIZATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK "I AGREE", ACCESS, RUN OR USE RCPA. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND MRG CONSULTING, LLC, INCLUDING ANY AFFILIATES AND CONTRACTORS ACTING ON OUR BEHALF (COLLECTIVELY "RELATIONSHIP CENTERED PRACTICE® ACADEMY", "US", "WE", OR "OUR"). UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH MRG CONSULTING, LLC, REGARDING RCPA, THEN YOUR USE IS GOVERNED BY THIS EULA. FROM TIME TO TIME WE MAY, IN OUR SOLE DISCRETION UPDATE OR MODIFY THIS EULA.
IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE RCPA. YOU ARE PERMITTED TO USE ONE (1) RCPA USERNAME PER FOR YOUR (I) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR UP TO FOUR (4) USERNAMES PER FOR YOUR (II) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). RCPA IS LICENSED PER PRACTICE OR PER SINGLE ADDRESS ("ADDRESS"). YOU MAY DOWNLOAD AND ACCESS RCPA ON UP TO THREE (3) COMPUTING DEVICES PER ADDRESS. PRIVATE AND BUSINESS USERS OF RCPA THAT HAVE MULTIPLE COMPUTING DEVICES (E.G., STAND-ALONE COMPUTER, LAP-TOP, TABLET AND MINI/PORTABLE PC), MAY DOWNLOAD AND ACCESS RCPA ON UP TO THREE (3) SYSTEMS PER ADDRESS, HOWEVER RCPA CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A TIME (I.E., RCPA MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES). IF YOU ACCESS RCPA ON A FOURTH COMPUTING DEVICE OR ON A COMPUTING DEVICE LOCATED AT A DIFFERENT ADDRESS YOU MUST PURCHASE ADDITIONAL LICENSES FOR SUCH ADDITIONAL COMPUTING DEVICES. IF YOU HAVE PURCHASED MULTIPLE-USER LICENSES FOR RCPA, AT ANY TIME YOU MAY HAVE AS MANY USERNAMES IN USE UP TO THE NUMBER OF MULTIPLE-USER LICENSES YOU HAVE PURCHASED.
LICENSE TO USE RCPA. RCPA is licensed to You, not sold to You. BUSINESS USERS: If You are a business, you may access RCPA on a hardware partition, blade, or terminal server ("Virtualization Environment") to run, use or access RCPA by means of Your organization's computing devices directly connected to Your organization's internal network or Your organization's virtual private network. Use of RCPA by Your employees (and Your organization's subcontractors contractually authorized to act on Your behalf) via such Virtualization Environment is permitted only up to the maximum number of site licenses purchased by Your organization. You agree that if RCPA requires mandatory activation or email validation, You will complete the process providing Us with accurate information. Your use of RCPA is suspended until You complete the activation and/or registration process. RCPA may include digital images, stock photographs, clip art, fonts, sounds or other artistic works ("Stock Files"). The responsibilities and restrictions relating to RCPA apply to the Stock Files. We reserve all rights not expressly granted to You in this EULA. BUSINESS USERS: We may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of RCPA conforms with a valid license. We will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license or true-up Your licenses for RCPA.
IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED-TIME, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE SUBSCRIPTION-BASED LICENSE TO USE RCPA. RCPA IS LICENSED TO YOU ON A SUBSCRIPTION-BASIS. FOR AN INITIAL ONE (1) YEAR PERIOD ("INITIAL TERM") AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE (1) YEAR PERIODS (“RENEWAL TERM”) (COLLECTIVELY “TERM”) UNTIL YOU TERMINATE YOUR SUBSCRIPTION BY NOTIFYING US, VIA EMAIL AS SET FORTH BELOW, OF YOUR INTENT TO DISCONTINUE YOUR USE OF RCPA SUBSCRIPTION BASED PRODUCTS. RENEWAL SUBSCRIPTION RATES ARE AS FOLLOWS: LEARN IT $99, IMPLEMENT IT $199, MASTER IT $299. YOU ARE PERMITTED TO USE ONE (1) RCPA USERNAME FOR YOUR (I) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR UP TO FOUR (4) NAMES (II) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). RCPA IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). YOU MAY ONLY DOWNLOAD AND ACCESS RCPA ON THREE (3) COMPUTING DEVICE PER ADDRESS. HOWEVER, RCPA CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A TIME (I.E., RCPA MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES). IF YOU ACCESS RCPA ON A FOURTH COMPUTING DEVICE OR ON A COMPUTING DEVICE LOCATED AT A DIFFERENT ADDRESS YOU MUST PURCHASE ADDITIONAL LICENSES FOR SUCH ADDITIONAL COMPUTING DEVICES. IF YOU HAVE PURCHASED MULTIPLE-USER LICENSES FOR RCPA, AT ANY TIME YOU MAY HAVE AS MANY USERNAMES IN USE UP TO THE NUMBER OF MULTIPLE-USER LICENSES YOU HAVE PURCHASED. BY DOWNLOADING AND ACCESSING RCPA YOU AGREE THAT MRG CONSULTING, LLC IS AUTHORIZED TO CHARGE YOUR CREDIT CARD FOR THE ANNUAL SUBSCRIPTION FEE FOR RCPA SUBSCRIPTION BASED PRODUCTS ON A YEARLY BASIS WITHOUT ANY FURTHER ACTION ON YOUR PART. IN THE EVENT THAT YOUR CREDIT CARD IS DECLINED FOR ANY REASON, THE SUBSCRIPTION FEE IS STILL DUE AND OWING TO RCPA AND YOU WILL PROMPTLY PROVIDE US WITH ANOTHER CREDIT CARD FOR AUTOMATIC PAYMENT PURPOSES. YOUR CONTINUED USE OF RCPA IS SUBJECT TO AND CONDITIONED UPON YOUR PAYMENT OF THE SUBSCRIPTION FEE. YOU MUST PROVIDE NOTICE OF INTENT TO TERMINATE YOUR SUBSCRIPTION FIVE (5) BUSINESS DAYS PRIOR TO THE END OF THE INITIAL TERM OR FIVE (5) BUSINESS DAYS PRIOR TO THE END OF EACH RENEWAL TERM OTHERWISE YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER TERM. DURING EACH RENEWAL TERM, ONCE A PAYMENT IS RECEIVED, THE SUBSCRIPTION FEE IS NON-REFUNDABLE AND NON-CANCELLABLE. IF YOU DECIDE TO TERMINATE YOUR SUBSCRIPTION OR FAIL TO PROVIDE A NEW CREDIT CARD AS REQUIRED FOR PAYMENT, RCPA CONTAINS A LOCKING CODE WHICH WILL AUTOMATICALLY LOCK AT THE END OF THE TERM AND THAT WILL PROHIBIT YOU FROM USING RCPA UNTIL A NEW REGISTRATION CODE IS RECEIVED BY YOU. YOU WILL RECEIVE A NEW REGISTRATION CODE ONLY UPON OUR RECEIPT OF YOUR NEW CREDIT CARD AND PAYMENT OF THE FEE (IN THE EVENT OF A FAILED CREDIT CARD) OR RENEWAL OF THE SUBSCRIPTION (IN THE EVENT YOU PREVIOUSLY TERMINATED YOUR SUBSCRIPTION). USE OF RCPA BEFORE OR BEYOND THE APPLICABLE SUBSCRIPTION TERM, OR ANY ATTEMPT TO DEFEAT ANY TIME-CONTROL DISABLING FUNCTION IN RCPA, IS AN UNAUTHORIZED USE AND CONSTITUTES A MATERIAL BREACH OF THIS EULA AND APPLICABLE LAW. TO PROVIDE US NOTICE OF YOUR INTENT TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR CUSTOMER SUPPORT TEAM AT [email protected]
YOUR RESPONSIBILITIES WHILE USING RCPA. With regard to Your Use of RCPA under this EULA, you have certain responsibilities. RCPA may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan any version of RCPA (including an Evaluation Version of RCPA). If You purchase RCPA as a gift to a third person, the third person must accept the terms of this EULA before using RCPA. You may not reverse engineer, reengineer, decompile, disassemble, translate, reconstruct, transform, or extract RCPA or any portion of RCPA. You may not wrap RCPA with any third-party software add-on or offer except pursuant to a separate express, written, fully-executed agreement with MRG Consulting, LLC. While We own RCPA, You own and are responsible for the content ("Content") that You create, or have created for You, resulting from the use of RCPA. You agree that, in connection with Your use of RCPA, You are responsible for the direct and/or indirect consequences of any of the (i) Content You create and (ii) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, Twitter, etc.) or file sharing or cloud services sites (e.g., Google Drive, Sky Drive, Dropbox, box.net, etc.). MRG Consulting, LLC, can neither monitor nor control what third party social networking, file sharing, or cloud services sites or the members or users of such sites do with your content you share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g., any diagrams for operation guides, manuals, presentations or other materials you create and/or modify using RCPA). You may not modify or create derivative works based upon RCPA. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of RCPA including data protection and privacy laws. You agree that You will not use RCPA in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (i) Your actions, (ii) Your failure to act when required, or (iii) Your content, then You agree to defend, indemnify and hold MRG Consulting, LLC, harmless.
OUR INTELLECTUAL PROPERTY RIGHTS. RCPA is protected by United States Intellectual Property laws and international intellectual property laws and treaty provisions. Therefore, You may not distribute RCPA without Our permission. You agree that RCPA, the RCPA logos, and other RCPA trademarks, service marks, and graphics are trademarks of MRG Consulting, LLC, (some in the United States and/or other countries) or are trademarks of RCPA partners ("Marks"). You are not granted a right to use Marks without the owner's permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within RCPA. You understand and agree that We have the right to stop selling, distributing, servicing or updating RCPA (any part of it), and services or offerings at any time.
LIMITED AND RESTRICTED WARRANTY (FOR COUNTRIES OTHER THAN THOSE LISTED SEPARATELY UNDER "ADDITIONAL EULA TERMS"). If You purchased RCPA on a computer disc, then MRG Consulting, LLC, warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (30) days from the date You purchased RCPA when properly downloaded or accessed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying RCPA, however, RCPA may contain normal bugs and errors. Therefore, RCPA is provided on an "AS IS" basis with the understanding that bug fixes and Updates may be provided from time to time. This warranty is valid only for the original purchaser of RCPA. IF THE DISC IS DEFECTIVE, THEN RCPA ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT WITHIN 30 DAYS. Your right to a replacement of RCPA is void if the damage to the disc is a result of accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, DOWNLOADING, AND USING RCPA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MRG CONSULTING, LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO RCPA AND THE ACCOMPANYING WRITTEN MATERIALS. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this EULA under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733.
SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, MRG Consulting, LLC, may remedy substantial defects of RCPA at its reasonable discretion by (i) providing a patch, Update or replacement of RCPA, or (ii) asking for return of RCPA and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if MRG Consulting, LLC, has repeatedly failed to remedy the defect after a reasonable period of time. If You are a consumer, Your claims under this clause are time-barred in twenty-four (24) months; if You are a business, Your claims under this clause are time-barred in twelve (12) months. If You alter RCPA in any way without being authorized by MRG Consulting, LLC, MRG Consulting, LLC will not remedy defects caused by such alteration and You are liable for any damages incurred by MRG Consulting, LLC due to Your unauthorized alteration of RCPA
INDIRECT AND CONSEQUENTIAL DAMAGES (FOR COUNTRIES OTHER THAN THOSE LISTED SEPARATELY UNDER "ADDITIONAL EULA TERMS"):
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY RCPA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MRG CONSULTING, LLC, OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE RCPA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MRG CONSULTING, LLC, TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR RCPA. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH INSTANCES, MRG CONSULTING, LLC, MAY BE LIABLE TO YOU (I) WITHOUT LIMITATION FOR DAMAGES YOU HAVE INCURRED UNDER OR IN CONNECTION WITH THIS EULA ONLY IF THE DAMAGE HAS BEEN CAUSED BY THE WILLFUL OR GROSSLY NEGLIGENT ACT OF MRG CONSULTING, LLC, ; AND (II) FOR THOSE TYPICAL DAMAGES THAT WERE REASONABLY FORESEEABLE AND WHICH HAVE BEEN CAUSED BY ANY OTHER NEGLIGENT BREACH OF AN ESSENTIAL CONTRACTUAL DUTY BY MRG CONSULTING, LLC. ANY FURTHER LIABILITY OF MRG CONSULTING, LLC IS EXCLUDED. THESE AFOREMENTIONED LIMITATIONS APPLY IRRESPECTIVE OF THEIR LEGAL BASIS, IN PARTICULAR WITH REGARD TO ANY PRE-CONTRACTUAL OR AUXILIARY CONTRACTUAL CLAIMS. These limitations shall not apply, however, to any mandatory liability under the applicable product liability laws, nor to any damage which is caused due to the breach of an express warranty to the extent that such express warranty was intended to protect consumers against the specific damage incurred, nor to damages due to loss of life, injury or prejudice to health.
U.S. GOVERNMENT-RESTRICTED RIGHTS. With respect to any acquisition of RCPA by or for any unit or agency of the United States Government (the "Government"), RCPA shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto.
EXPORT RESTRICTIONS. If You are located in a country embargoed by the United States, or You are on the United States Treasury Department's list of Specially Designated Nationals You may not engage in commercial activities with Us or Our authorized resellers. You may not download, distribute, export, re-export, or redistribute RCPA into, or to a national or resident of, any country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of 'Specially Designated' nationals or the United States Commerce Department's 'Table of Deny Orders'. By downloading or using RCPA, You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list. Except pursuant to a separate express, written, fully-executed agreement with MRG Consulting, LLC, You may not purchase a license to use RCPA for the purpose of exporting it to a country other than the original country of sale, nor may You retain the services of a third party to purchase a license to use RCPA if in doing so You will require such third party to send (via any means, electronic or otherwise) RCPA to You in a country other than the original country of sale.
GENERAL. If You purchased or downloaded RCPA in the United States then this EULA is governed by the laws of the United States and the State of Texas, without reference to conflict of laws principles. Any dispute between You and MRG Consulting, LLC regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of Texas. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such 'Convention', if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. If You acquired RCPA in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, any dispute between You and MRG Consulting, LLC regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If You acquired RCPA in the European Union, Iceland, Norway, or Switzerland, then local law applies. If You acquired RCPA in any other country, then local law may apply. This EULA is the entire agreement between You and MRG Consulting, LLC and supersedes any other communications or advertisements with respect to RCPA and documentation. RCPA, or any feature or part thereof, may not be available in all languages or in all countries. If MRG Consulting, LLC has provided You with a translation of the English language version of this EULA, You agree that such translation is provided for Your convenience only and that the English language version, not the translation, of this EULA will be legally binding on You. The English language version of this EULA and not its translation(s) will govern in the event of a conflict between the English language version and a translation.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon MRG Consulting, LLC, unless made in writing and duly executed by You and an authorized representative of MRG Consulting, LLC .
You understand that RCPA may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third-party software or technology that may be distributed together with RCPA may be subject to You explicitly accepting a license agreement with that third party and Your use of that software constitutes acceptance of such terms. RCPA licensors shall be direct and intended third party beneficiaries of this EULA.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA:
If You obtained RCPA in Germany or Austria and such country is Your legal residence, then the Germany and Austrian product liability and other consumer protection laws concerning remedies for defective goods shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE UNITED KINGDOM:
If (i) You are acting as a consumer and the United Kingdom is where Your legal residence; (ii) You entered into this EULA in the United Kingdom; and (iii) You have obtained RCPA in the United Kingdom (a "Consumer"), then the limitation of liability and warranty provisions set forth in applicable consumer protection and warranty laws of the United Kingdom shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN AUSTRALIA: LIMITED WARRANTY (AUSTRALIAN CONSUMERS ONLY):
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for "major failure" and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. The term "major failure" is defined in the Australian Consumer Law and includes, but is not limited to, where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description. The warranty provided under this Section is provided by MRG Consulting, LLC 5306 Junius St Dallas TX 75214. We warrant that the media on which RCPA is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased RCPA. The benefits provided by this express warranty are in addition to any other rights and remedies of the consumer under any law in relation to the goods or service to which the warranty relates. RCPA when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying RCPA, however, RCPA may contain normal bugs and errors. Bug fixes and Updates will be provided from time to time. If the disc is defective, then, without limiting any other obligations at law, MRG Consulting, LLC will replace the defective computer disc if You return the defective disc to Us with a copy of Your receipt. Any replacement Software will be warranted for the original warranty period covered by this Section.
EXCLUSIONS (AUSTRALIA ONLY):
THE WARRANTY PROVIDED UNDER THIS SECTION DOES NOT COVER DEFECTS OR PROBLEMS THAT ARISE DUE TO YOU CAUSING RCPA TO BECOME OF UNACCEPTABLE QUALITY, SUCH AS FAILURE TO TAKE REASONABLE CARE OR DAMAGE CAUSED BY ABNORMAL USE. FURTHER, YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING RCPA.EXCEPT AS SET OUT ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MRG CONSULTING, LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT WITH RESPECT TO RCPA AND THE ACCOMPANYING WRITTEN MATERIALS.IF YOU ALTER RCPA IN ANY WAY WITHOUT BEING AUTHORIZED BY MRG Consulting, LLC, MRG Consulting, LLC WILL NOT REMEDY DEFECTS CAUSED BY SUCH ALTERATION AND YOU ARE LIABLE FOR ANY DAMAGES INCURRED BY MRG CONSULTING, LLC DUE TO YOUR UNAUTHORIZED ALTERATIONTO THE EXTENT PERMISSIBLE AT LAW MRG CONSULTING, LLC MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN RCPA.
INDIRECT AND CONSEQUENTIAL LOSS (AUSTRALIA ONLY):
TO THE EXTENT PERMITTED UNDER AUSTRALIAN LAW, MRG CONSULTING, LLC SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY RCPA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MRG CONSULTING, LLC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE RCPA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO CONTENT, AUDIO CLIPS, AND SAMPLE CONTENT:
RCPA may contain clipart, photo images, video content, audio clips (collectively referred to as the "Images or Clips"), and sample content such as forms, templates, "tubes" or similar items (collectively referred to as the "Sample Content") that are either owned by Us or licensed from a third-party. Except as required in the paragraph below, as a user of RCPA You are free to use, modify and publish the Sample Content as follows: You may (i) incorporate any Sample Content into Your own original work and publish, display and distribute Your work in any media, provided You include a copyright notice in Your work reflecting on the copyright ownership of both You and MRG Consulting, LLC as follows: "Copyright (c) 20__ [Your name], MRG CONSULTING, LLC and its licensors. All rights reserved."; and (ii) make one (1) copy of Sample Content for backup or archival purposes.
YOU MAY NOT RESELL, SUBLICENSE OR OTHERWISE MAKE AVAILABLE THE IMAGES OR CLIPS FOR USE OR DISTRIBUTION SEPARATELY OR DETACHED FROM A PRODUCT OR WEB PAGE. YOU MAY NOT PROVIDE THE IMAGES OR CLIPS TO THIRD PARTIES OR PERMIT THE USE OF THE IMAGES OR CLIPS. YOU MAY NOT CREATE SCANDALOUS, OBSCENE, DEFAMATORY OR IMMORAL WORKS USING THE IMAGES OR CLIPS, OR SAMPLE CONTENT NOR USE THE IMAGES OR CLIPS, OR SAMPLE CONTENT FOR ANY OTHER PURPOSE WHICH IS PROHIBITED BY LAW. YOU MAY NOT PERMIT THE USE OF THE IMAGES OR CLIPS, OR SAMPLE CONTENT OR ANY PART THEREOF AS A TRADEMARK OR SERVICE MARK, OR CLAIM ANY PROPRIETARY RIGHTS OF ANY SORT IN THE IMAGES OR CLIPS, OR SAMPLE CONTENT OR ANY PART THEREOF. YOU MAY NOT USE ANY OF THE IMAGES OR CLIPS WHICH CONTAIN IDENTIFIABLE INDIVIDUALS OR ENTITIES FOR ANY COMMERCIAL PURPOSE INCLUDING, WITHOUT LIMITATION, IN A MANNER WHICH SUGGESTS THEIR ASSOCIATION WITH OR ENDORSEMENT OF ANY PRODUCT OR SERVICE. YOU MAY NOT RENT, LEASE, SUBLICENSE OR LEND THE IMAGES OR CLIPS, SAMPLE CONTENTS OR ANY COPIES THEREOF, TO ANOTHER PERSON OR LEGAL ENTITY.