Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Patrick Roberts, acceptance is expressly limited to these terms.
Your Rapid Resizer Online Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the it. You must immediately notify Patrick Roberts of any unauthorized uses of your account or any other breaches of security. Patrick Roberts will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
By submitting Content to Patrick Roberts, you grant Patrick Roberts a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and the Content solely for the purpose of providing the Website's service to you. If you delete Content, Patrick Roberts will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Patrick Roberts has the right (though not the obligation) to, in Patrick Roberts’s sole discretion (i) refuse or remove any content that, in Patrick Roberts’s reasonable opinion, violates any Patrick Roberts policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Patrick Roberts’s sole discretion. Patrick Roberts will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
Optional Automatic Renewal.
Unless you notify Patrick Roberts before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription may automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Intellectual Property. This Agreement does not transfer from Patrick Roberts to you any Patrick Roberts or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Patrick Roberts. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Patrick Roberts or third-party trademarks.
Changes. Patrick Roberts reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Patrick Roberts may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Patrick Roberts may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Rapid Resizer Online account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Patrick Roberts and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Patrick Roberts nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Patrick Roberts, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Patrick Roberts under this agreement during the twelve (12) month period prior to the cause of action. Patrick Roberts shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Patrick Roberts, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Patrick Roberts and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Patrick Roberts, or by the posting by Patrick Roberts of a revised version.