1. Important Information about This Legal Contract
2. Delivery
3. Prices, Charges and Payment
4. Return Policy
5. International Duties/Taxes
6. Customer Data and Privacy
7. Terms of Software Use
8. Professional Service Indemnification
9. Consequential Damages
10. Reproduction
11. Terms of Service
12. Governing Law
13. Contacting RentACracker.COM
1. Important Information about This Legal Contract
1.1 This Sale Agreement is a legal contract between the Customer and RentACracker.COM. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "RentACracker.COM" shall relate to RentACracker.COM, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and RentACracker.COM relating to the purchase or sale of goods or services on the Site. In the event of any conflict between the terms and conditions stated on your order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our order shall control.
2.1 All software purchases that are downloadable or designed for online use are typically made available to the customer in 24-48 hours after a successful transaction (i.e. appropriate delivery address provided and payment made for the product), RentACracker.COM will provide confirmation of each purchase and delivery of the software via a confirmation email sent to the email address provided during checkout. While the delivery process is set up for instant transmission of the software access links, RentACracker.COM will not refund the purchase price of the software because of a delay in providing these access links, usernames and/or passwords and RentACracker.COM is not responsible for any delays in transmission due to web service outages or email delivery delays.
2.2 The software offered by RentACracker.COM is very simple to install, access and use. In all instances, complete instructions are provided covering the installation and access processes. Thus, all software is sold with the joint understanding that the customer possesses a basic knowledge of computer systems and software functionality. No returns will be accepted due to the inability of the user to understand and utilize the software because of a lack of knowledge of these basic computer functions. RentACracker.COM will attempt to resolve any problems as quickly and easily as possible.
2.3 If you are unsure of the content of any software product title, please contact us before purchasing the software. We are happy to help you verify that you are purchasing the right software which will meet your needs.
2.4 After product delivery, we cannot issue a refund. The software file(s) are on your computer and we cannot be sure it would be destroyed should you "return" the software title(s) to us. We must ensure that the companies/publishers/programmers receives the proper royalty for their work and ensure that their intellectual property is protected.
2.5 Custom orders and multiple software licenses cannot be returned for refund for any reason.
5. Prices, Charges and Payment
5.1 All prices are in U.S. Dollars. All credit card charges must be paid in U.S. dollars; RentACracker.COM reserves the right to change the prices of software sold on this web site at any time.
6.1 Because the products sold by RentACracker.COM are of a software nature, no returns of any software product sold will be accepted and no refunds will be granted. If we do decide or are forced to issue a refund or recieve a charge-back, your debt will be turned over to our collections department and you will be charged no more than one thousand dollars to cover our loss. The Purchaser of any software/product from RentACracker.COM understands and agrees that all software/product purchases and/or downloads are considered final purchases for which absolutely no refunds will be given or provided.
6.2 Further, Purchaser agrees and acknowledges that the Purchaser shall be solely responsible for and shall bear (and/or reimburse) RentACracker.COM for any chargeback fees issued to RentACracker.COM by or from any credit card company, merchant service or other source of payment that is initiated at the request of the Purchaser. Stated another way, should Purchaser request a refund or chargeback from any credit card company, merchant service or other source of payment on the purchase of RentACracker.COM software/product and should said card company, merchant or other source thereafter impose any fee or amount to RentACracker.COM at the request of said Purchaser for or as a result, Purchaser shall reimburse RentACracker.COM for the refund amount plus the said charge back fee or amount. By purchasing any software/product from RentACracker.COM, the Purchaser expressly authorizes RentACracker.COM to direct a payment/charge to made to Purchaser’s credit card account (the same being the credit card account used in the initial purchase of said software/product) in the amount of the said refund and charge back fee (or amount charged to RentACracker.COM for such refund).
7.1 RentACracker.COM is not responsible for any duties or value-added taxes that may be assessed by your local Customs office.
8.1 During the transaction process, customer contact information and purchase history is collected by our systems. RentACracker.COM reserves the right to send relevant offers via email and postal mail to our customers using this contact data.
9.1 You understand that in order for RentACracker.COM to make you a copy of any software, you acknowledge that you are the legal owner of this same software, and are looking to just make a new copy for archival (backup) purposes only. You also agree to destroy all copies of the software in the event it is ever no longer voluntarily in your possession. You understand that only the licensed owner (with a valid serial number, where applicable) of the various software found on RentACracker.COM may use the services located here. You also acknowledge that the software you have was obtained legally and that you have the legal right to request this backup copy to be made. If you obtained your version though any other means, including any pirated versions, or if you do not already legally own the same version of the software requested, then you may not use this service. Furthermore, you agree to hold RentACracker.COM harmless for any damages that may occur for your failure to follow the U.S. Copyright and other laws as they pertain to the backup you are requesting. When you purchase any backup copy of software through RentACracker.COM, you agree to assume full liability in the event your actions are deemed illegal. RentACracker.COM does not condone software piracy and has every intention of complying with the laws pertaining to the duplication of software.
9.2 By submittal of any order for software, you declare and warrant that you are provided all material on an "AS IS" basis, and RentACracker.COM makes no representation or warranties of any kind, express or implied, as to the information, content, materials, includes. All title and intellectual property rights remain those of the respective content owner and any intellectual property protected by laws and treaties, without grant or rights to use, and not to copy or print. Any such documentation or material that is accompanying any software or document is provided by RentACracker.COM only as documentation, with no basis of value.
10. Professional Service Indemnification
10.1 You expressly agree to indemnify, hold harmless, and defend RentACracker.COM against lawsuits, claims, costs associated with defense or accusations, and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement, or services ordered by you, which may prove to be in violation of any law or infringement on the intellectual rights of a third party.
11.1 In no event shall RentACracker.COM, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents (collectively, "RentACracker.COM") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not RentACracker.COM has been advised of the possibility of any such damages.
11.2 You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer (or related company) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying materials. You have relied upon your own skill and judgment in deciding to acquire the SOFTWARE and any accompanying written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer (or related company) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying materials.
12.1 Any reproduction or redistribution of any RentACracker.COM product or product part not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No program, code, part, image, video clip, audio sample, text, idea, feel, or computer generated sequence of images may be copied or used in any way by the user except as intended within the bounds of the single user program. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
13.1 RentACracker.COM reserves the right to refuse to sell product or provide service to anyone, at its own discretion.
14.1 Except for California’s conflict of Law Provisions, the laws of the State of California will govern this agreement.
14.2 If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
15. Contacting RentACracker.COM
15.1 Please read our help file where you will find answers to all questions. If you cannot find an answer, please fill out the contact form and a Customer Service Representative will get back to you within 24 hours.
16. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE!