Terms Of Service
Last Updated: 1/9/2015
You must be the legal age of majority in your state of residence and able to form a binding contract with Rapid Scan 3D in order to use the Services. In no event is use of the Services permitted by those under the age of 13.
Ownership and Preservation of Your Documents
Rapid Scan 3D does not claim ownership of any documents you either create or upload and store using our Services (“Documents”). You grant permission for Rapid Scan 3D to use your Documents in connection with providing Services to you.
You acknowledge and agree that Rapid Scan 3D may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Rapid Scan 3D, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Rapid Scan 3D has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.
Consent to Receive Emails
By creating an account, you agree that you may receive communications from Rapid Scan 3D, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
Validity of Electronic Signatures
Rapid Scan 3D enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Rapid Scan 3D does not authenticate users’ signatures or identities.
Acceptable Use of Communications Services
Our Services include a large number of what are collectively called “Communications Services.” These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
- Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
- Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.
- Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer.
- Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Harvest or otherwise collect personally identifiable information about others, without their consent.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
- Violate any applicable laws or regulations.
Although Rapid Scan 3D has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Rapid Scan 3D reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
No Unlawful or Prohibited Use
You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Rapid Scan 3D to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member’s use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Rapid Scan 3D reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.
The following are specifically excluded or prohibited:
- Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Rapid Scan 3D or the Participating Attorney in their sole discretion;
- Use in connection with any legal matter involving an alleged violent crime; or
- Use in connection with any legal matter involving the laws of jurisdictions outside of the United States or its subdivisions;
- Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.
- Use in connection with any legal matter that, as determined by the Participating Attorney in his or her sole discretion, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
- Use in connection with any legal matter that directly or indirectly involves any Participating Attorney other than as your counsel;
- Use in connection with any legal matter that directly or indirectly involves Rapid Scan 3D or any of its affiliates, directors, agents, employees, or other Rapid Scan 3D service providers;
- Use in connection with any legal matter in which your Program Sponsor has an adverse interest, or in which any director, officer, agent or employee thereof has an adverse interest. For the purposes of this provision, “Program Sponsor” means any company, organization or affiliation that purchases or offers on behalf of its members or employees, a Rapid Scan 3D legal plan through wholesale channels, retail channels or otherwise;
You may not hack, “scrape” or “crawl” RapidScan3D.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Rapid Scan 3D has not intentionally made available to you on its website via purchased subscription. Your use of the Rapid Scan 3D website does not entitle you to resell any Rapid Scan 3D content without prior express written consent from Rapid Scan 3D.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Rapid Scan 3D user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Rapid Scan 3D. You may not copy the content of Rapid Scan 3D’s forms or agreements for use or sale outside of Rapid Scan 3D. Any rights not expressly granted in these Terms are reserved by Rapid Scan 3D.
Resale or unauthorized distribution of materials downloaded from the Rapid Scan 3D website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Rapid Scan 3D.
Intellectual Property Rights
Rapid Scan 3D retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Rapid Scan 3D Incorporated. All rights reserved.
Rapid Scan 3D products, service names, or slogans displayed on Rapid Scan 3D products are trademarks of Rapid Scan 3D Incorporated. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Rapid Scan 3D is the service mark, trademark and/or trade dress of Rapid Scan 3D Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Rapid Scan 3D’s trademarks displayed on our website. All goodwill generated from the use of Rapid Scan 3D’s trademarks is reserved for the use of Rapid Scan 3D, exclusively.
Copyright and DMCA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Rapid Scan 3D’s Designated Copyright Agent:
Rapid Scan 3D Incorporated
Attn: Legal Department
1984 Obispo Ave, Suite 1B
Signal Hill, CA 90755
Links to Third Party Sites
Rapid Scan 3D’s websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Rapid Scan 3D does not sponsor and is not legally associated with any third party “linked sites.” Rapid Scan 3D is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
Rapid Scan 3D does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Rapid Scan 3D is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) Rapid Scan 3D will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Rapid Scan 3D does not warrant or support any service provided by the third party.
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
The information, software, products, and services made available through Rapid Scan 3D may include inaccuracies or typographical errors. Rapid Scan 3D and/or its suppliers may at any time make improvements or changes to our Services. Information received via Rapid Scan 3D should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, Rapid Scan 3D AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Rapid Scan 3D, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Rapid Scan 3D HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Rapid Scan 3D’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO Rapid Scan 3D FOR THE 12 MONTHS PRECEEDING THE SERVICES IN QUESTION.
Indemnity and Release
You agree to release, indemnify and hold Rapid Scan 3D and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
Dispute Resolution By Binding Arbitration and Class Action Waiver
Please read this section carefully as it affects your rights
However, if Rapid Scan 3D is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Long Beach (CA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to Rapid Scan 3D should be addressed to Rapid Scan 3D Incorporated, 1984 Obispo Ave, Suite 1B, Signal Hill, CA 90755, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in Rapid Scan 3D’s records of account or such other legal address as Rapid Scan 3D is able to identify.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
Either you or Rapid Scan 3D may assert claims, if they qualify, in small claims court in Long Beach, California or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
Rapid Scan 3D may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
Rapid Scan 3D may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Long Beach, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
Rapid Scan 3D may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled “Modifications” below. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Rapid Scan 3D Incorporated, 1984 Obispo Ave, Suite 1B, Signal Hill, CA 90755, Attention: General Counsel.
These Terms will be governed by California law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Rapid Scan 3D with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability and Assignment
Rapid Scan 3D's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Rapid Scan 3D may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Upon receipt of the returned product we will fully examine the issue and notify you via email within a reasonable period of time, whether you are entitled to a replacement as a result of the defect. If you are eligible, we will send you a replacement product. If your product is to found without any defects or in perfect working order Rapid Scan 3D might charge a fee up to 5% of your products MSRP or sales price plus any shipping and handling charges.
Exchanges do not include any shipping and handling charges shown on the packaging slip or invoice to or from Rapid Scan 3D. Shipping charges for all exchanges must be prepaid and insured by you. This will include a return shipping receipt to be included in your shipping of your defective product. Customer is responsible for shipping items to and from Rapid Scan 3D and/or manufactures facility based on exchange or repairs. Customer is responsible for any loss or damage to hardware during shipment. Customer to include tracking number and direct signature when shipping to Rapid Scan 3D or manufacture for repairs. Rapid Scan is not responsible for shipping cost, lost or damaged items. Shipping and handling charges are not refundable. Please use direct signature and tracking information to guarantee shipment has been made.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
If you have any questions or concerns, please visit our Contact Us at any time.