Thank you for selecting the Software offered by RESTRUCTURED Design LLC(referred to as "RESTRUCTURED Design LLC," "we," "our," or "us,"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and RESTRUCTURED Design LLC. By accepting electronically (for example clicking on the "I Accept" button on first run, by accessing or using the Software), you agree to these terms. If you do not agree to this Agreement, then you may not use the Software.
1.1 This Agreement describes the terms governing your use of the RESTRUCTURED Design LLC Software including content, updates and new releases (collectively, the "Software"). It includes by reference:
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and RESTRUCTURED Design LLC reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, RESTRUCTURED Design LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with RESTRUCTURED Design LLC's then-current product discontinuation policies, as updated from time to time, and only for the purposes described by RESTRUCTURED Design LLC for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
• Provide access to or give the Software or any part of the Software to any third party;
• Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
• Transfer your license to the Software to any other party;
• Attempt unauthorized access to any other RESTRUCTURED Design LLC systems that are not part of the Software;
• Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
• Make the Software available on any file-sharing or application hosting service.
3.1 RESTRUCTURED Design LLC will automatically renew your weekly or monthly subscription at the then-current rates, unless the Software Subscription is cancelled or terminated under this Agreement.
4. YOUR PRIVACY AND PERSONAL INFORMATION.
5.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Software. Archive your Content frequently. You are responsible for lost or unrecoverable Content. RESTRUCTURED Design LLC is not responsible for the Content or data you provide through your use of the Software.
6. ADDITIONAL TERMS
6.1 RESTRUCTURED Design LLC does not give professional advice. Unless specifically included with the Software, RESTRUCTURED Design LLC is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7. DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESTRUCTURED Design LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. RESTRUCTURED Design LLC DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 RESTRUCTURED Design LLC DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF RESTRUCTURED Design LLC FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, RESTRUCTURED Design LLC IS NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET RESTRUCTURED Design LLC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF RESTRUCTURED Design LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF RESTRUCTURED Design LLC AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE. You agree to indemnify and hold RESTRUCTURED Design LLC harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). RESTRUCTURED Design LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by RESTRUCTURED Design LLC in the defense of any Claims.
9.1 We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes.
10.1 RESTRUCTURED Design LLC may immediately, in its sole discretion, and without notice terminate the Software if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect RESTRUCTURED Design LLC's rights to any payments due to it. RESTRUCTURED Design LLC may terminate a free account at any time. Sections 2.2, 5, 7 through 14 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
11.1 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE RESTRUCTURED Design LLC SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND RESTRUCTURED Design LLC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. This Section shall survive expiration, termination or rescission of this Agreement.
12. DISCONTINUATION POLICY AND TERMINATION OF SUPPORT
12.1 In addition to being governed by this Agreement, access and use of the Nanny Pay Advisor Software is subject to RESTRUCTURED Design LLC's discontinuation policy and RESTRUCTURED Design LLC reserves the right to discontinue all support for the Nanny Pay Advisor Software, any of its discrete features, or any other features, online and other services or content accessible through the Nanny Pay Advisor Software in accordance with then-current discontinuation policy applicable to the particular Nanny Pay Advisor Software version. If the Nanny Pay Advisor Software offers services that require a connection to a RESTRUCTURED Design LLC server (including Internet-based services), such services may expire in accordance with RESTRUCTURED Design LLC's current discontinuation policy.