Terms of Use for Energy Recovery Calculator

These Terms of Use are a contract between you and Rapid Engineering LLC. By using any electronic media we provide, for any purpose including but not limited to, for equipment sizing, design, and selection and pricing (“Electronic Media”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not use any Electronic Media we provide; instead, promptly return it to Rapid Engineering LLC. This contract is effective until terminated by Rapid Engineering LLC. This contract will be terminated immediately and without notice in the event that you fail to comply with any term or condition hereof.

1. Ownership of Content
The Electronic Media is owned by Rapid Engineering LLC. “Electronic Media” provided includes any electronic form, such as but not limited to an actual CD that has to be installed or electronic file that has to be downloaded. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Electronic Media (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Electronic Media are the property of Rapid Engineering LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Electronic Media, whether registered or unregistered, are owned exclusively by Rapid Engineering LLC or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. Rapid Engineering LLC reserves all rights not expressly granted in this Terms of Use.

2. License
Rapid Engineering LLC hereby grants you a nontransferable, nonexclusive license to use the Materials contained on the Electronic Media solely for your information and own personal, non-commercial use, to be used with a single computer at a single location. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, Electronic Media, or publications. This license is not a sale of the Electronic Media or any copy thereof. Rapid Engineering LLC retains the title and ownership of the Electronic Media and all copies, regardless of the form or media on or in which the original or any copy may exist. You may not copy, encourage or allow copying of the Electronic Media, except when you make a single copy for archival purposes only. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by this Terms of Use. You may not transfer, convey, rent, sublicense, or otherwise distribute the Electronic Media or accompanying documentation, or any rights therein to any person or entity. Any attempt to so distribute the Electronic Media or accompanying documentation shall be void.

3. Modification of these Terms of Use; Termination
Rapid Engineering LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.

4. Disclaimer of Warranties
The Electronic Media and Materials may contain inaccuracies and/or typographical errors. The Electronic Media and Materials are provided to you on an "AS IS" basis. RAPID ENGINEERING LLC DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE ELECTRONIC MEDIA OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

5. Limitation of Liability and Damages
Rapid Engineering LLC does not warrant, guarantee or make any representations regarding the use or the results of the Electronic Media in terms of its correctness, accuracy, performance, reliability or otherwise. The entire risk as to the results and performance of the Electronic Media is assumed by you. This Electronic Media is merely a tool to aid you, the results of which should be checked against your own calculations. Rapid Engineering LLC makes no warranties, express or implied including without limitation the implied warranties of merchantability and fitness for a particular purpose.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, RAPID ENGINEERING LLC HEREBY DISCLAIMS, AND IN NO EVENT SHALL RAPID ENGINEERING LLC OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE ELECTRONIC MEDIA, BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE ELECTRONIC MEDIA OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF RAPID ENGINEERING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION AND THE LIKE, ARISING OUT THE USE OR LIABILITY TO USE THE ELECTRONIC MEDIA. FURTHERMORE, RAPID ENGINEERING LLC SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS.

6. Indemnification
You agree to indemnify, save, and hold RAPID ENGINEERING LLC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the ELECTRONIC MEDIA, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. RAPID ENGINEERING LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RAPID ENGINEERING LLC, and you agree to cooperate with RAPID ENGINEERING LLC’s defense of these claims. RAPID ENGINEERING LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

7. Miscellaneous
These Terms of Use constitute the entire agreement between you and RAPID ENGINEERING LLC and govern your use of the ELECTRONIC MEDIA, superseding any prior agreements between you and RAPID ENGINEERING LLC(including, but not limited to, any prior versions of the Terms of Use) and any prior representations by RAPID ENGINEERING LLC. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. The failure of RAPID ENGINEERING LLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against RAPID ENGINEERING LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the ELECTRONIC MEDIA or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

8. In the Event of Merger or Sale
In the event that RAPID ENGINEERING LLC is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

9. RAPID ENGINEERING LLC Contact Information:
Please contact RAPID ENGINEERING LLC with any questions or comments about this Terms of Use at: Click Here

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