END USER LICENSE AGREEMENT
Last updated: Dec 19, 2024
Please read this End User License Agreement ("EULA") carefully before installing and using the Austin Muscle Restoration LLC website software ("the Software") operated by Austin Muscle Restoration, LLC, a(n) Limited Liability Company formed in Texas, United States 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
Austin Muscle Restoration, LLC 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 may be used for both personal (non-commercial) and business (commercial) uses. You are hereby prohibited from any reproduction of the Software. You may install only 1 copies of this 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. Austin Muscle Restoration, LLC MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Austin Muscle Restoration, LLC BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF WE WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
MAXIMUM LIABILITY
THE AGGREGATE LIABILITY OF Austin Muscle Restoration, LLC 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.
Updates and Maintenance
Austin Muscle Restoration, LLC may need, from time to time, to make additions and upgrades to the Software. It shall be at the sole discretion of Austin Muscle Restoration, LLC to make releases of such updates to you, provided that you may need to agree to any changed EULA before the installation of the updates. Any updates and maintenance to the Software shall be done free of charge to you.
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 travis County, Texas, United States.
YOU AND Austin Muscle Restoration, LLC 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 shannon@austinmusclerestoration.com.