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RC2FM Connector Terms & Conditions of Use

 

Automation USA, LLC ("Automation USA") provides a collection of tools and resources under the trade name “RC2FM Connector” to provide connectivity and integration between custom apps developed in FileMaker and RingCentral Office® services provided by RingCentral, Inc. (collectively, the "RC2FM Services"). The following are the terms and conditions for use of RC2FM Services (the Terms), along with any amendments thereto and any operating rules or policies that may be published from time to time by Automation USA.

 

1. RC2FM Services and Support

1.1 RC2FM Services are provided subject to these Terms and any operating policies that Automation USA may establish (collectively, the "Agreement"). Automation USA may make changes to this Agreement, and continued use of any RC2FM Services constitutes Customer's acceptance of any such changes. In addition, when using a particular RC2FM Service, Customer and Automation USA shall be subject to any posted guidelines or rules applicable to such RC2FM Service that may be posted from time to time.

 

1.2 Purchase of Subscription Plan Services. Pursuant to these Terms, Customer is purchasing a subscription for the RC2FM Services Plan as set forth in Customer’s initial order, and agreeing to use and pay for the same as set forth in these Terms for the entire period in the initial order (the “Initial Term”), and any Renewal Terms. Customer agrees to be financially responsible for Customer’s use of the RC2FM Services Plan, including the authorized or unauthorized use of Customer’s Account. In order to use the RC2FM Services Plan, Customer must have properly configured and working Internet service or broadband connection.

 

1.3 RC2FM Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, RC2FM Services are not available to individuals under the age of 18. If you do not qualify, please do not use the RC2FM Services.

 

1.4 RC2FM Services provides a collection of tools and resources to provide connectivity and integration between custom apps developed in FileMaker and RingCentral Office® services provided by RingCentral, Inc. In addition, RC2FM Services may include professional consulting services relating to your use of Automation USA 's tools and resources.

 

1.5 Customer must complete a registration form in order to use RC2FM Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify a phone number and administrative account password for Customer's RingCentral® account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of RC2FM Services in Customer's name. Automation USA reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

 

2. Restrictions and Responsibilities

2.1 This is an Agreement for RC2FM Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in RC2FM Services or any software, documentation or data related to RC2FM Services ("Software"); modify, translate or create derivative works based on RC2FM Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to RC2FM Services or any Software; use RC2FM Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

 

2.2 Customer represents, covenants, and warrants that Customer will use RC2FM Services only in compliance with Automation USA's privacy policies as published below or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party phone lists in connection with preparing or distributing unsolicited calls, SMS messages, MMS attachments or faxes to any third party. Customer hereby agrees to indemnify and hold harmless Automation USA against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing.

 

2.3 For every phone call, fax, or SMS message or MMS attachment sent in connection with RC2FM Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited communications.

 

2.4 In using the varied features of RC2FM Services, Customer may provide information (such as name, contact information, or other registration information) to Automation USA. Automation USA may use this information and any technical information about Customer's use of RC2FM Services to tailor its presentations to Customer, facilitate Customer's use of RC2FM Services, or communicate separately with Customer. Automation USA will not provide information to companies Customer has not authorized, and Automation USA will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.

 

3. Termination

3.1 Customer may terminate this Agreement at any time by sending an email message to rc2fm@automationusa.net or by sending written notice to Automation USA at 1111 Brickell Avenue 11th Floor, Miami, FL 33131, USA.

 

3.2 Automation USA may terminate this Agreement or RC2FM Services at any time with or without cause, and with or without notice. Automation USA shall have no liability to Customer or any third party because of such termination.

 

3.3 Upon termination for any reason, Automation USA may delete any Customer data within 14 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

 

4. Warranty 

4.1 Automation USA warrants for a period of 30 days that RC2FM Services will perform substantially as described on its web site. As the Customer’s client software is designed to be modified by the Customer, Automation USA can provide no warranty as to RC2FM Service’s suitability or fitness for a particular purpose. Your sole remedy under this limited warranty is the refund of the purchase price of RC2FM Services.

 

4.2 THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY AUTOMATION USA, LLC, AND AUTOMATION USA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESSED OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE RC2FM SERVICES AND ACCOMPANYING DEMO SOFTWARE, AND WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEMO SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE DEMO SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTOMATION USA SHALL CREATE A WARRANTY. SIMILARLY, NO ORAL OR WRITTEN INFORMATION SHOULD BE CONSTRUED AS TO OFFER A PROMISE OF TECHNICAL SUPPORT, SOFTWARE REPAIR OR MODIFICATION, OR PROMISE THAT AUTOMATION USA PRODUCTS OR RC2FM SERVICES CAN BE INTEGRATED WITH ANY THIRD PARTY SOLUTIONS OR SOFTWARE. CUSTOMER USES RC2FM SERVICES AT ITS OWN RISK. AUTOMATION USA DOES NOT WARRANT THAT RC2FM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RC2FM SERVICES (INCLUDING WITHOUT LIMITATION, ANY PROFESSIONAL SERVICES YOU MAY RECEIVE FROM AUTOMATION USA ). RC2FM SERVICES ARE PROVIDED "AS IS" AND AUTOMATION USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

5. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY AUTOMATION USA , AUTOMATION USA AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF AUTOMATION USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL AUTOMATION USA, ITS SUBSIDIARIES, OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE AUTOMATION USA PRODUCTS, RC2FM SERVICES, OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF AUTOMATION USA OR AN AUTOMATION USA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

AUTOMATION USA’S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOT EXCLUDED ABOVE HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S. $5.00 OR THE MONEY PAID TO AUTOMATION USA FOR RC2FM SERVICES THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.

ANY CUSTOM DEVELOPMENT WORK BY AUTOMATION USA WILL BE PERFORMED WITHOUT A FIXED SPECIFICATION; DEVELOPMENT, MODIFICATIONS, OR REVISIONS TO ANY SOFTWARE OR DATABASE APPLICATION, EVEN BUG FIXES, SHALL BE BILLABLE. THIS CUSTOM DEVELOPMENT IS NOT RETURNABLE OR REFUNDABLE.

 

6. Export of RC2FM Services or Technical Data

Customer may not remove or export from the United States or allow the export or re-export of the RC2FM Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

 

7. Customer's Name, Trademarks and Feedback

7.1 Name and Trademarks. Customer hereby grants Automation USA a non-exclusive right and license to use Customer’s name and such of Customer’s trade names, trademarks, and service marks (collectively, "Customer’s Marks") as are provided to Automation USA in connection with this Agreement (a) on Automation USA 's own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Automation USA 's RC2FM Services and (c) in applications reasonably necessary and ancillary to the foregoing.

 

7.2 Customer Content. Some of the features of RC2FM Services may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice ("Customer Feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos ("Customer Submissions") (Customer Feedback together with Customer Submissions, "Customer Content"). By providing Customer Content to Automation USA via any method (e.g. site submission, email, survey responses, etc.), Customer represents and warrants to Automation USA that (i) Customer has all necessary rights to distribute Customer Content via this website or via RC2FM Services found at this website, either because Customer is the author of the Customer Content and has the right to distribute the same, or because Customer has the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Customer Content, and (ii) Customer does not violate the rights of any third party.

 

8. Miscellaneous

8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

 

8.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

 

8.3 No agency, partnership, joint venture or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Automation USA in any respect whatsoever.

 

8.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

 

8.5 This Agreement shall be governed by the laws of the State of Florida in the United States of America without regard to its conflict of laws provisions.

 

8.6 We reserve the right to modify our pricing and we will notify you by email when this occurs.

 

9. Payment and Renewal of Service

9.1 Term of Service. The term of Customer's subscription to RC2FM Services commences upon Customer's acceptance of these Terms and terminates as set forth above.

 

9.2 Payment. Customer agrees to pay all applicable fees for RC2FM Services in effect at the time of registration, first use and/or renewal, subject to these Terms as same may be modified by Automation USA from time to time.

 

9.3 Automatic Renewal of subscription. As a courtesy and not as an obligation (contractual or otherwise), on the day of expiration of Customer's subscription, Automation USA will automatically renew Customer's subscription, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Customer acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Customer, and is not the obligation (contractual or otherwise) of Automation USA. While consenting to Automation USA 's performance of said courtesy, Customer hereby releases Automation USA from all liability for its failure for any reason to renew said subscription. Customer acknowledges that there may be many reasons why Automation USA is unable to renew said subscription, including but not limited to inability of Automation USA, for any reason, to bill said renewal to Customer's credit card, to contact or otherwise get response from Customer at last known email address, or otherwise. Customer acknowledges that said subscription, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.

 

9.4 Cancellation of Automatic Renewal of Subscription. Customer may cancel subscription at any time either online at https://store.rc2fm.com or by sending email to billing@automationusa.net. Automation USA agrees that on receipt of Subscription Cancellation Notification under the conditions stated above, no additional charges will be billed to Customer, and Customer's subscription shall expire on the account expiration date.

 

9.5 Cancellations and Refunds. Automation USA does not provide a money back guarantee for new subscriptions under any circumstances.

 

9.6 Prohibited Offerings. No Customer may utilize RC2FM Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or RC2FM Services; escort RC2FM Services or other content deemed adult related.

 

9.7 Private Information and Images. Customers may not transmit or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).

 

9.8 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Automation USA is required by law to remove or block access to RC2FM Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

 

9.9 Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting fax headers, callback information, return mailing information and/or Internet protocol addresses and machine identifiers to conceal or misidentify the origin of a message is prohibited.

 

9.10 Viruses and Other Destructive Activities. Use of RC2FM Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use RC2FM Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

 

9.11 Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

 

9.12 Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordinances, regulations, and rules imposed by United States federal, state or local law, or by any other applicable law.

 

9.13 Child Pornography. The use of RC2FM Services to promote, sell, advertise transmit, or otherwise make available child pornography is prohibited. Automation USA is required by law to, and will, notify law enforcement agencies when it becomes aware that child pornography is being promoted through RC2FM Services.

 

9.14 Other Illegal Activities. The use of RC2FM Services to engage in any activity that is determined by Automation USA, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, texting, faxing, transmitting, selling or otherwise making available ponzi or pyramid schemes, transmitting credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Automation USA will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the RC2FM Services.

 

9.15 Backup Storage. Automation USA offers its RC2FM Services to host integration services, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of RC2FM Services without prior notice.

 

9.16 Other Activities. Engaging in any activity that, in Automation USA 's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the RC2FM Services, Automation USA 's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Automation USA 's Customers to effectively use RC2FM Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Automation USA in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.

 

9.17 Governing Law. These Terms shall be governed by the laws of the State of Florida without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of RC2FM Services of Automation USA, Customer agrees that all disputes, if any, involving Automation USA shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Florida; provided, further, that all action brought against Automation USA in State Court must be brought in the State of Florida, United States of America. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Automation USA. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under Florida statute or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against Automation USA outside the State of Florida; and, that Customer, if involved before a court in a lawsuit outside of the State of Florida, shall be deemed to support and to stipulate to a motion made by Automation USA to dismiss said lawsuit with respect to Automation USA.

 

9.18 WARRANTY DISCLAIMER. YOU, THE CUSTOMER, ACKNOWLEDGE THAT RC2FM SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. AUTOMATION USA HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF RC2FM SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF RC2FM SERVICES AND SOFTWARE, OR THAT RC2FM SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RC2FM SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY AUTOMATION USA OR AUTOMATION USA 'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES OR PROFESSIONAL CONSULTANTS, SHALL CREATE A WARRANTY. AUTOMATION USA DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. AUTOMATION USA DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE RC2FM SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. AUTOMATION USA DOES NOT WARRANT THAT RC2FM SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY RC2FM SERVICES OF AUTOMATION USA IN PARTICULAR.

 

9.19 LIMITATIONS ON AUTOMATION USA 'S LIABILITY. AUTOMATION USA SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL AUTOMATION USA BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT AUTOMATION USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. AUTOMATION USA SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, RC2FM SERVICES OR TECHNOLOGY. AUTOMATION USA'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF RC2FM SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL AUTOMATION USA 'S LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF FIVE DOLLARS ($5.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO AUTOMATION USA FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF RC2FM SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, AUTOMATION USA'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

9.20 Indemnification of Automation USA. You, the Customer, agree to defend, indemnify and hold Automation USA , its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the RC2FM Services, except to the extent the foregoing directly result from Automation USA's own gross negligence or willful misconduct. Automation USA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.

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