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Rapid Intake Terms of Service

 

By using the rapidintake.com or rapidintake.net web sites, or any Rapid Intake product or service (“Service”), you agree to the following terms and conditions (“Terms of Service”).  Rapid Intake reserves the right to update and change the Terms of Service from time to time without notice. You can review the most current Terms of Service at any time at: http://www.rapidintake.com/terms_of_service.htm
Any new features, enhancements, new tools or new resources that augment the current Service, shall be subject to the Terms of Service. Continued use of the Service after any such change shall constitute your consent to such changes.  Violation of any of the terms below will result in the termination of your account.

 

Use of Services by You

 

  • You must provide your legal full name, a valid email address, and any other information required by Rapid Intake in order to complete the signup process.
  • You must be at least 17 years of age to use this Service.
  • Accounts registered by “bots” or other automated methods are not permitted.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like as long as it meets the restrictions of your account level.
  • One person or legal entity may NOT maintain more than one free account.
  • Rapid Intake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice. You agree that Rapid Intake shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  • Technical support is only provided to paying account holders. Access to the varying levels of technical support is dependent on the subscription level you have purchased. (See the Subscription Pricing for more details).

 

Terms of Account Security and Legal Activities

 

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • You are responsible for maintaining the security of your account and password. Rapid Intake cannot and will not be liable for any loss or damage from your failure to provide Rapid Intake with accurate information or to comply with security obligations.
  • You agree to immediately notify Rapid Intake of any unauthorized use of your password or account, or any other breach of security.
  • You are responsible for your own conduct.  You are also responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, patent laws, other intellectual property or industrial property laws, privacy laws, data export laws, and laws regarding libel and defamation).
  • You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected with the Service.
  • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express prior written permission of Rapid Intake.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Rapid Intake, or any other Rapid Intake service.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Rapid Intake) of other Rapid Intake customers on your same account level, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Rapid Intake customer, employee, member, or officer will result in immediate account termination.

 

Indemnity

 

  • You agree to hold harmless and indemnify Rapid Intake, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Service or any other actions connected with use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.  Rapid Intake will provide you with written notice of such claim, suit or action.

 

Privacy

 

  • By using the Service, you acknowledge and agree that Rapid Intake may access, preserve, and disclose your account information and any content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Rapid Intake, its users or the public as required or permitted by law. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Payment, Refunds, Upgrading and Downgrading Terms

 

  • A valid credit card number is required for paying accounts. Free accounts are not required to provide a credit card number.
  • “Free Trial” on Paid Accounts. If you initially sign up for a Personal, Standard, Pro, Premium, or Max account, and you don't cancel that account within 14 days, you will be billed monthly starting on the 15th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 15th day, you will not be charged.
  • An upgrade from the free 1-project plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  • The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, no upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • For any upgrade or downgrade in plan level, the credit card that you provided will be automatically charged the new rate on your next billing cycle.
  • Downgrading your Service may cause the loss of content, features, or capacity of your Account. Rapid Intake does not accept any liability for such loss.
  • You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

 

Cancellation and Termination

 

  • You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  • All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.  You are solely responsible for maintaining adequate back-up copies of your content outside the Service.
  • You agree that Rapid Intake has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service, or to provide any particular type or amount or quality of storage.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • Rapid Intake, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Rapid Intake service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
  • In the event of Service termination or cancellation, provisions of these Terms of Service related to the following shall survive:  Indemnity, Privacy, Proprietary Rights, Appropriate Content, Exclusion of Warranties and Limitation of Liability.
  • Rapid Intake reserves the right to refuse service to anyone for any reason at any time.

 

Changes to Service and Pricing

 

  • Rapid Intake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Rapid Intake Site (http://www.rapidintake.com) or the Service itself.
  • Rapid Intake shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  • When a price change is made by Rapid Intake, you can continue using the service through the end of your paid subscription period without paying any additional fees. Once your paid subscription period has passed, you will be charged the new price for the next period.

 

Proprietary Rights

 

  • We claim no intellectual property rights over the material you provide through the Service. Your profile and materials uploaded remain yours. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through the Services which are intended to be available to the general public, you grant Rapid Intake a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such content on the Service solely for the purpose of displaying, distributing and promoting the Service. This license terminates when such content is removed from the Service to which you originally submitted.
  • You must not remove, obscure, or alter any proprietary rights notices (including for example copyright and trade mark notices) which may be affixed to or contained within the Service.
  • You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Rapid Intake or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, content accessed through the Service, or the Software, in whole or in part.
  • Subject to the Terms of Service, Rapid Intake grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Rapid Intake for use in accessing the Service.
  • Your use of any Software provided by Rapid Intake will be governed by these Terms of Service and any additional terms and conditions of the end user license agreement accompanying such Software.  Rapid Intake may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop the Service, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
  • Aspects of the Service are copyrighted ©1999-2008 by Rapid Intake, Inc. All rights reserved.  RAPID INTAKE is a registered mark of Rapid Intake, Inc.
  • It is Rapid Intake’s policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law.  To learn more or to submit a notice, please contact Rapid Intake at the address shown on the website www.rapidintake.com.  

 

Appropriate Content

 

  • Rapid Intake does routinely pre-screen content. We may, but have no obligation to, remove, refuse, move, or otherwise dispose of content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • While Rapid Intake prohibits certain conduct and content on the Service, you understand and agree that Rapid Intake cannot be responsible for the content posted on the Service and you may be exposed to materials which you consider offensive or objectionable. You agree to use the Service at your own risk.
  • The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rapid Intake has no control over such sites and resources, you acknowledge and agree that Rapid Intake is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rapid Intake shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Use of PowerPro™ Customization  Access

 

Customers who add the PowerPro Customization Access option to their subscription plan can create, distribute, and use custom course interfaces and custom rapid interaction or static page templates.

  • You understand that to make customizations with this optional feature, you need to own and understand how to use Adobe Flash software.
  • You expressly agree that Rapid Intake is not responsible for supporting either technically or in any other way files that you have customized.
  • You expressly understand and agree that Rapid Intake shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Rapid Intake has been advised of the possibility of such damages), resulting from your use of the PowerPro Customization Access subscription option.

 

Exclusion of Warranties and Limitation of Liability

 

  • You understand that Rapid Intake uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • RAPID INTAKE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAPID INTAKE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAPID INTAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
  • NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE ABOVE LIABILITY LIMITATIONS AND WARRANTY EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

General Conditions

 

  • Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Rapid Intake and govern your use of the Service, superceding any prior agreements between you and Rapid Intake for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.
  • Choice of Law and Forum. The Terms of Service and the relationship between you and Rapid Intake shall be governed by the laws of the State of Uath without regard to its conflict of law provisions. You and Rapid Intake agree to submit to the personal and exclusive jurisdiction of the courts located within or nearest to Utah County, Utah.
  • Waiver and Severability of Terms. The failure of Rapid Intake to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Service remain in full force and effect.
  • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • No Third Party Beneficiaries.  You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
  • Notices.  You agree that Rapid Intake may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service.  Your notices to Rapid Intake must be sent by an email which is acknowledged by a reply from Rapid Intake, or by a courier service which provides delivery confirmation.
  • Assignment.  Rapid Intake may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your access to the Service. The other party may then establish a Service account and enter into a contract with Rapid Intake.
  • Miscellaneous.  The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.  Questions about the Terms of Service should be sent to support at Rapid Intake dot Helpserve dot com.

 

Uptime and Service Level Guarantee Option


NOTE: Our data center and staff work hard to provide 100% uptime, but we only provide express guarantees of uptime for customers with a Max level subscription. If your organization needs guaranteed uptimes, please contact us about providing you with a custom quote at the Max level. All Max level accounts provide unlimited usage with an unlimited number of review and developer users as well as an unlimited number of projects. The MAX level is designed for our most sophisticated enterprise customers.

 

Customers with Max level subscriptions also get access to the highest level of Rapid Intake’s top-ranked customer support with guaranteed service levels.

Max level quotes start at $25,000 per year and are sold only on a yearly or multi-year contract. For more information, please contact Rapid Intake Sales at sales@rapidintake.com or by calling Toll Free (866) 231-5254. International callers, please call +1 801 7668454 and ask for a Product Consultant.