THIS END-USER LICENSE AGREEMENT (the “Agreement”) governs Your use of the “CashMap’s” educational and interactive materials (the “Educational Materials”) published and provided by CASHMAP CONSULTING LLC, (“CASHMAP CONSULTING”) and ACCELERATED PAYMENT SOLUTIONS, LLC, Washington limited liability companies, (“APS”). APS and CashMap Consulting designed these materials to operate on Your computer and mobile device. This Agreement governs the eBooks, ‘Working Your Lazy Dollars’ and the interactive tools available for viewing and downloading from www.cashmapapp.com and www.dennis-williams.com and no other software or hardware.
Your use of the Educational Materials means You accept the terms and conditions of this Agreement, which may be amended from time to time by the APS or CashMap Consulting in its sole discretion. The most current version of this Agreement may be viewed at www.cashmapapp.com (the “Website”) and shall supersede any other version of this Agreement. If You continue using the Educational Materials following the posting of these changes or modifications such use will constitute Your acceptance of such changes or modifications. The terms of this Agreement also govern any upgrades to the Educational Materials.
GRANT OF LICENSE: Subject to the terms and conditions of this Agreement, APS and CashMap Consulting grants to You a non‐exclusive, non‐transferable right and license to use the Application on Your iPad. You are prohibited from using the Application on any computing device You do not own. You may not sublicense, sell, distribute or provide consultation services using the Educational Materials without the prior written consent of APS and CashMap Consulting. You are also prohibited from the sale and distribution of reports created by the Educational Materials or making the Educational Materials available over a computer network. You may not decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the Educational Materials or any updates to the Educational Materials. Any attempt to do so is a breach of this Agreement.
ACCEPTABLE USE: Your use of the Educational Materials is limited to the functionality of the Educational Material. In no event may the Educational Material be used in a manner that:
CashMap Consulting and APS reserves the right, in its sole discretion, to terminate this Agreement, demand that You remove the Educational Materials from Your computer or mobile device for any reason, including but not limited to CashMap Consulting and APS’s reasonable conclusion that You have violated the terms and conditions of this Agreement.
TERM; TERMINATION: The term of this Agreement and the license granted in Section 1 above shall commence on the date you first access the Educational Materials and shall continue until terminated as provided in this Agreement. You may terminate this Agreement and the license in their entirety at any time by giving written notice of termination to CashMap Consulting and APS. CashMap Consulting and APS may terminate this Agreement and the license in whole or in part by giving written notice of termination to You if You shall breach or fail to perform any obligation or condition hereunder and such breach or failure shall continue for a period of fifteen (10) days after written notice from CashMap Consulting/APS to You. Within five (5) days after any termination, You shall deliver to CashMap Consulting/APS a written certification to the effect that the original and any copies of all or any portion of the Application affected by the termination have been deleted from Your computer or mobile device.
EMBARGO: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
LIMITATION OF LIABILITY: To the fullest extent allowable under applicable law, (i) in no event shall CashMap Consulting and APS be liable to you with respect to use of the educational material; and (ii) in no event shall CashMap Consulting and APS be liable to you for any personal injury or any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the educational material, including, without limitation, damages for lost profits, any other commercial or personal damages or losses, loss or corruption of data or failure or malfunction of your computer or mobile device.
CashMap Consulting and APS shall not be liable to you even if CashMap Consulting and APS has been advised of the possibility of damages. CashMap Consulting and APS shall not be liable to you regardless of the theory of liability whether based in contract, in tort or otherwise. Your sole remedy under this agreement is to cease use of the educational material. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
NO WARRANTY: Yhe educational materials and any functions performed or provided by the educational materials are provided “as is” and without warranty of any kind. CashMap Consulting and APS disclaims all warranties and conditions with respect to the educational materials and any functions performed or provided by the educational materials, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non‐infringement of third party rights.
CashMap Consulting and APS do not warrant against interference with your enjoyment of the educational material, that the functions contained in, or performed or provided by, the educational material will meet your requirements, that the operation of the educational material will be uninterrupted or error‐free, or those defects in the educational materials will be corrected. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights so the above exclusion and limitations may not apply to you. You expressly acknowledge and agree that use of the educational material is at your sole risk.
INDEMNITY AND ACTIONS: You agree to defend, indemnify, and hold harmless CashMap Consulting and APS and its employees, contractors, officers, directors, agents, insurers and attorneys from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from Your use or misuse of the Educational Material, violation of this Agreement or violation of any rights of a third party. CashMap Consulting and APS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS: You, CashMap Consulting and APS acknowledge that, in the event of any third party claim that the Application or Your use of the Educational Material infringes any third party’s intellectual property rights, CashMap Consulting and APS will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Educational Material be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Educational Material or to use a non‐infringing version of the Educational Material should CashMap Consulting and/or APS choose to provide You with such a non‐infringing version.
GOVERNING LAW: The laws of the State of Washington govern this Agreement and Your use of the Application. Any action arising under this Agreement or use of the Application shall be judged in the courts of King County, Washington.
PERSONALLY IDENTIFIABLE INFORMATION: You may be required to submit Your name and an email address so that You can use all of the features of the Software. CashMap Consulting and APS considers this information to be Your “Personally Identifiable Information” and CashMap Consulting/APS will not share Your Personally Identifiable Information with anyone and will protect it accordingly.
Should You email CashMap Consulting or APS with questions, complaints or comments, CashMap Consulting/APS may retain such email communications. CashMap Consulting and APS will protect such email communications as Your private information and will not disclose any contents of the email communications unless as described in this Agreement or upon Your written permission.
CashMap Consulting or APS may be required to disclose Your Personally Identifiable Information with law enforcement authorities pursuant to a court order or other legal process or if CashMap Consulting or APS has knowledge or a reasonable belief that a violation of applicable law has occurred through use of the Software.
MISCELLANEOUS: CashMap Consulting and APS shall have the right to assign this Agreement in whole or in part to any subsidiary, parent company, or affiliate, or to any third party acquiring a substantial portion of CashMap Consulting or APS’ assets or stock.
You shall not have the right to assign any of Your rights or obligations hereunder without CashMap Consulting or APS’ prior written agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof. Without limiting the generality of the foregoing, it is intended that this Agreement will supersede all prior agreements between the parties.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties except as set forth in this Agreement. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in this Agreement.
No modification, amendment, waiver, termination, or discharge of this Agreement shall be binding upon CashMap Consulting or APS unless confirmed by a written instrument signed by an officer of CashMap Consulting and APS. A waiver by CashMap Consulting and APS of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.
All of CashMap Consulting and APS’ rights and remedies in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy or right available to CashMap Consulting and APS. Should any provision of this Agreement be adjudicated by a court of competent jurisdiction as void, invalid, or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid, or inoperative provision had not been contained herein, provided that same will not defeat the purpose of this Agreement. Unless otherwise indicated in this Agreement, all references to “days” shall mean calendar days.