Please read this User Agreement carefully, as it forms a legal contract between you and Crochik Software Solutions, LLC (“the Company,” “we,” “our,” or “us”). It governs your access to and use of the Company’s website, resources, and tools (collectively referred to as “Resources”). By accepting this User Agreement—either by checking the acceptance box or otherwise agreeing—you consent to be bound by its terms and conditions. If you do not agree to these terms, you will not be permitted to access or use the Resources or services.
User Restrictions
The Customer agrees not to: (a) modify, copy, or create derivative works based on the Software; (b) reverse engineer, decompile, or otherwise attempt to extract the source code; (c) share login credentials or grant unauthorized access to third parties; or (d) use the Software for unlawful purposes.
Term and Termination
This Agreement shall commence on the Effective Date and continue for an initial term of 30 days, renewing automatically for successive 1 month periods unless terminated by either party with 15 days’ written notice. Either party may terminate this Agreement immediately for cause in the event of a material breach.
Warranties and Disclaimers
The Provider warrants that the Software will operate substantially in accordance with its documentation. Except as expressly stated herein, the Software is provided ‘as is’ without warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
Limitations of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REMOTE, COVER, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES RESULTING FROM THIS USER AGREEMENT, OR THE USE OR INABILITY OF USE OF THE RESOURCES, THE SERVICES, OR THE CONTENT. FURTHER, THE COMPANY WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY ACTION OF ANY THIRD PARTY OR ANY CONTENT. THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CLAIMS ARISING OUT OF THIS USER AGREEMENT AND/OR FROM THE USE OF THE RESOURCES, THE SERVICES, AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID THE COMPANY HEREUNDER DURING THE TWELVE (12)-MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH DAMAGES, LOSSES, AND CLAIMS.
YOU ACKNOWLEDGE THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACCORDINGLY, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR ANY ISSUE OUTSIDE OF THE COMPANY’S REASONABLE CONTROL.
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THEY ENTER INTO THIS USER AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE RISK BETWEEN YOU AND THE COMPANY AND FORM A BASIS OF BARGAIN BETWEEN THE PARTIES.
Confidentiality
Each party agrees to protect the other party’s confidential information from unauthorized access or disclosure and to use such information solely for the purposes of fulfilling its obligations under this Agreement.
Intellectual Property Rights
The Software, including all related intellectual property rights, is and shall remain the exclusive property of the Provider. The Customer is granted no ownership interest and agrees not to challenge the Provider’s ownership of the Software.
Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Provider from and against any claims, damages, or expenses arising from the Customer’s unauthorized use of the Software or breach of this Agreement.