EULA
Please read this End User License Agreement (“EULA”) carefully before installing and using the APEX software (“the Software”) operated by Jose Rincon as this EULA contains important information regarding the limitations of our liability. Your access to and use of the Software is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including viewers, users, and others who wish to access or use the Software.
By accessing or using the Software, you agree to be bound by this EULA. If you disagree with any part of this EULA, you do not have our permission to access and use the Software.
License rights
Jose Rincon grants you the non-exclusive, revocable, limited license to install and use the Software subject to the terms contained in this End User License Agreement. The license that is granted to you is solely for business and commercial use only. You may not use the software for personal or non-commercial uses. You are hereby prohibited from any reproduction of the Software.
WARRANTY
NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) SHALL APPLY TO THE SOFTWARE; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. JOSE RINCON MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE.
MAXIMUM LIABILITY
THE AGGREGATE LIABILITY OF JOSE RINCON ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU FOR THE SOFTWARE.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this End User License Agreement including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Palm Beach County, Florida, United States.
YOU AND JOSE RINCON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes
We reserve the right to make changes to this End User License Agreement at any time. We will not provide you with any notice when we make changes to this End User License Agreement.
Questions
If you have any questions about this EULA, please contact us at drrincon@apexchiropracticandwellness.com.