R&D INC (SARA™)

TERMS AND CONDITIONS OF APP USE

Use of this App is subject to the conditions, terms and limitations (“Terms”) specified below.  Limited, non-exclusive access to this website and use of this App by any individual, corporation or entity (hereinafter referred to as “User” and/or “You”) is granted solely on the basis that the user acknowledges that he/she has read and fully understands the conditions set forth within the App and agrees to strictly abide by the Terms.  Use of the App signifies full acknowledgment that User has read the Terms set forth herein and agrees to fully abide by the Terms.  R&D reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms or any other conditions herein at any time.  Such modification shall be effective immediately upon posting.  By using this App after notice of such modifications has been posted, the User agrees to be bounded by such revised terms and conditions.

SARA™ App Material

The materials on this App are provided for general informational purposes relating to R&D Inc.’s (“R&D”) business operations.  The content on this App, including, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks and other intellectual property rights that is owned and controlled by R&D.  Any use, copy, reproduction or distribution of the contents or information provided within this App for commercial use is strictly prohibited.  Without the prior written consent of R&D, your modification of the content, use of the content for any non-personal, commercial use violates the rights of the owners and its trademarks, service marks and other proprietary rights.  As a condition of use, you warrant to R&D that you will not use the App for any purpose that is unlawful or otherwise prohibited by these conditions.  Any violation of the conditions stipulated herein shall immediately terminate the violator’s permission to utilize the App.

Disclaimer or Warranties and Liability

All content on this App is provided “as is” and without warranties of any kind either express or implied.  Other than those warranties which under the laws applicable to these terms, are implied by Law and are incapable of exclusion, restriction, or modification, R&D, disclaims any and all warranties, expressed or implied, including, but not limited to Implied Warranties of Merchantability, Fitness for a Particular Purpose, Non-Infringement of Intellectual Property or Arising from the Course of Dealing, Usage or Practice.  Neither R&D, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this App warrants that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.  The contents that you access on this App is provided solely for your convenience and information.  R&D does not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the App.

Risk of Loss/Damages

You expressly agree that use of this App is at your sole risk.  You assume the entire cost of all necessary servicing, repair or correction of your system should such failure occur.  You expressly agree that R&D, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this App, is responsible or liable to any person or entity whatsoever for any loss, damage (Whether actual, consequential or punitive), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this App or any other linked site. R&D’s limitations on liability for loss shall include but not be limited to the following:

R&D SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DEFECT, DELAY IN OPERATION, COMPUTER OR iPad VIRUS, LOST PROFITS, LOST REVENUE, SPECIAL DAMAGES, INCIDENTAL DAMAGES, THEFT OF INFORMATION, DELETION OF INFORMATION, UNAUTHORIZED ACCESS TO OR  ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS APP. R&D SHALL NOT BE RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS TO ITS WEBSITE OR THIRD PARTIES.  R&D’S LIABILITY FOR ANY AND ALL OTHER LOSSES OR CLAIMS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

Any person that violates the conditions set forth herein agrees to indemnify, defend, and hold harmless R&D, its directors and officers from and against all losses[1] [2] [3] [4] , expenses, damages and costs including reasonable attorneys’ fees, resulting from any violation of the conditions.

Web Payment

R&D permits its customers to make payments and orders through its online weblink.  Products and prices are clearly marked and itemized within the Website.  Once a product is selected, the transaction can not be cancelled through the App.  R&D shall have no duty to provide a refund of buyer’s purchase price.  In the event that any costs are incurred by R&D due to a transaction is processed through the Website, User will be held liable and shall hold R&D harmless for any and all costs incurred, including reasonable attorneys’ fees.

In no event shall R&D be held liable for any damages whatsoever, including but not limited to direct, special, indirect, incidental or consequential damages for lost profits, lost revenue or use arising out of or related to the use of the site, online link, the inability to use the online link or site, the contents of the site, including damages caused by or related to interruptions, defects, delays, or computer viruses, irrespective of R&D’s knowledge of such defect.

Privacy

It is R&D’s policy to treat any information submitted through a Website transaction as confidential.  However, it is expressly noted that information submitted by User may be processed through the User’s financial institution and may require the submittal of User’s information to the financial institution or User’s credit card company.  R&D may transmit User’s information in order to comply with a request of a government agency or a court order.

Modification of Terms of Use

This Agreement (and any agreement, rule, or policy relating to the R&D SARA™ Software or Services) may be modified by the Company at any time by publication through the  App or by sending each User an email. You are responsible for regularly reviewing the website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 15 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the terms and conditions of this Agreement, your sole and exclusive remedy will be to terminate this Agreement and to cease using the Service. Upon request, remaining subscriptions costs will, if cancelled due to a change of the EULA and terms of service, not be billed.

Jurisdiction, Venue and Interpretation

This agreement shall be governed by and construed in accordance with the laws of the State of Florida Each party consents to personal jurisdiction and venue in Broward County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court rules as invalid any provision of this Agreement or the application of any provision to any person or circumstance, the remainder of this Agreement shall not be affected thereby.

Entire Agreement & Term

This EULA and the Billing Policies form the entire agreement between Licensee and Company. The subscription period defines the term of this agreement unless it is either terminated or modified by the Company, at its sole discretion, or until the Subscription Period terminates. Upon termination of this Agreement, Licensee agrees to cease use of the Subscription.

Refunds

R&D does not issue refunds for non-usage of the system.  We understand there are exceptional circumstances. Therefore, we will carefully review each petition for a refund and make decisions based on our billing policies. For transactions using PayPal, no refunds after 60 days can be made as per PayPal’s agreement.

Payment Options

R&D accepts Visa, MasterCard, Discover, American Express, and PayPal only.

Billing Security

R&D uses Secure Sockets Layer technology that sends credit card data in encrypted code.

Special Offers & Price Changes

R&D may run special offers on our site from time to time. These offers are subject to change at any time. Pricing may vary and changes made by R&D become effective at the start of the next billing cycle.

Passwords

Your password gives you access to the App. Please take appropriate measures to keep your password confidential and do not share it with third parties. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password becomes disclosed, please advise R&D. A new password will then be issued, and your previous password will be eliminated.