Terms of Service

TERMS OF SERVICE

We realize terms of service can be confusing and boilerplate. However we do feel that it is important to explain to users the conditions under which you may access our website (the “Site”) and/or use, download, or upload any materials, data, information and reports available at or obtained from the Site by Apptech Solutions, LLC (“Apptech”) (the “Company Materials”). The intent is to highlight what we expect of all our users while using the Site and the Company Materials and what you should expect in the way we handle the information that you store on our servers and the way we track your activity.

One of the key objectives with these terms of service is to explain to our users how we receive and handle the information that you provide to the Site, such as account information that you provide in order to allow us to manage our relationship with you and to validate you as a user (name, address, contact and billing information (if applicable)) (the “Account Information”).

We do use the Account Information to contact you, to bill for our services (if applicable), which includes sharing your billing information with our third party invoicing agent, and to contract you with periodic updates regarding the Site and for our marketing purposes.

We do not share or sell your Account Information to any other third parties (such as advertisers or marketing groups).

 

TERMS OF SERVICE TERMS OF SERVICE IN PLAIN ENGLISH
THESE TERMS OF SERVICE (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE COMPANY MATERIALS PROVIDED BY APPTECH. (“APPTECH,” “US” OR “WE”). BY ACCESSING AND USING THE SITE AND ACCESSING THE COMPANY MATERIALS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS. By accessing or using our Site and/or the Company Materials, you agree to the terms below; if you don’t agree, don’t use the Site and/or don’t log-on.
YOUR ACCOUNTYou must provide us with accurate Account Information when creating your account. Your account will give you access to the Company Materials. If you use a third-party service to connect to the Site, you give us permission to access and use your Account Information from the third party service as permitted by such service, and to store your log-in credentials. Access to the Company Materials may require the application of a user identification (“User ID”) and password.   You are responsible for maintaining the confidentiality of your passwords, and you agree not to share your User ID or password with any other individual. You agree to immediately notify us of any unauthorized use of any User ID or password. You will be solely responsible and liable for any and all access to and use of the Site and the Company Materials (including all activities and transactions) by any person logging in under your account. Account Creation: If you want to use our Site or the Company Materials, you must create an account so we can avoid spam and know how to contact you. Others individual within your group need to know, too, how to reach you to use content that you share with them. As for your Account Information, please keep it updated. And although hard to imagine, you can call it quits at any time. We can do this too.Account Responsibilities: Your log-in credentials should be kept secure. It’s your responsibility. If someone uses it without your “OK” or if you suspect such, let us know!
Acceptable Use. (a) You agree not to use the Site or the Company Materials to collect, upload, transmit, display, or distribute any information (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable; (iii) that is harmful to minors in any way as contemplated by any law, rule or regulation, including without limitation, the Child Online Protection Act and the Child Internet Protection Act; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.(b) In addition, you agree not to use the Site to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site; (vi) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (vii) systematically aggregating, embedding or deep-linking content from your own web site, service or platform to the Site for commercial purposes without our   prior written consent.(c) Enforcement. We reserve the right (but have no obligation) to review any information you provide, investigate, and/or take appropriate action against you in our sole discretion if you violate these terms of service or otherwise create liability for us or any other person. Such acts may include removing or modifying your information, terminating your account in accordance with these terms of service, and/or reporting you to law enforcement authorities. What we don’t want you to do…and what happens if you do: Please don’t upload anything illegal, pornographic, threatening, abusive, hateful, obscene or do anything commercially exploitative or engage in data mining, site manipulation or, in general, cause mayhem to the Site, which we’ll collectively call “bad”.   If we learn you did, we have the right to remove the content and your account without notice. And if this bad thing cost us any money, you’re responsible. If it’s specifically illegal, we’ll take further action. We reserve the right to refuse service to anyone. Bottom line: please be reasonable and responsible.If what you’re doing amounts to unacceptable use to us, we will modify your content or remove your content. Depending on the degree of unacceptability, we may terminate your account. We will notify you of any action taken by us.We don’t monitor compliance with these terms of use, but if we find that you are in violation, we will do any of the things mentioned above (removal of your information or account termination). And we don’t vouch for anyone else’s content either.
LICENSE TO COMPANY MATERIALS(a)         License Grant. Subject to the terms and conditions of these Terms, Apptech grants you a non-exclusive, non-transferable license to use Apptech Materials solely for your internal business, non-commercial purposes during the Term. Apptech hereby grants you a license to view, download and print Apptech Materials, subject to the following conditions: (a) you may access and use the Company Materials solely for informational, non-commercial and internal purposes, in accordance with these Terms; (b) you may not modify or alter the Company Materials; (c) you may not distribute or sell, rent, lease, license or otherwise make the Company Materials available to others; and (d) you may not remove any copyright or other proprietary notices contained in the Company Materials. Apptech reserves the right to revoke the authorization to view, download and print the Company Materials at any time, and any such use shall be discontinued immediately upon notice from Apptech.   The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by intellectual property rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Apptech.(b)        Limitations. You agree that you will not: (a) permit any party to access and/or use the Company Materials; (b) rent, lease, loan, or sell access to the Company Materials to any third party; (c) reverse engineer or access the Company Materials in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Company Materials, or (iii) copy any ideas, features, functions or graphics of the Company Materials; (e) perform or publish any performance or benchmark tests or analyses relating to the Site or the Company Materials or the use thereof; or (f) cover or obscure any page or part of the Company Materials via HTML/CSS, scripting, or any other means, if any. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Site or the Company Materials or any part thereof.

(c) Feedback. If you provide us any feedback or suggestions regarding our Site and the Company Materials (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.   You agree that you will not submit any information or ideas that you consider to be confidential or proprietary.

You may download and use the Company Materials only for your own use. The Company Materials are our intellectual property, so please don’t copy or distribute the Company Materials to anyone else.You can only access and download the Company Materials by creating an user account; and our marketing group uses the information that you provide in creating that account to solicit your interest in our products and services.We gratefully accept any user suggestions on how to improve our Site and the Company Materials. We are allowed to implement those suggestions without having to pay you anything for proposing such changes or get your consent for implementing them.

 

Termination.You are free to stop using the Site and/or the Company Materials at any time. Apptech also reserves the right to suspend or terminate your account at our sole discretion and without notice if you breach these Terms. Upon termination of your account for any reason, all your access rights to Site and your license to use the Company Materials will immediately cease to exist, and you must promptly discontinue all further use of the Site and the Company Materials.You understand that any termination of your account involves deletion of your User ID and password associated therewith from our databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your account or deletion of your User ID and password. If your access to the Site, the Company Materials and/or your account is terminated as contemplated by these terms of services, you can ask for your account information, and we’ll try to provide that to you, but we may charge a fee for this service.
Trademarks.   Apptech, the Apptech logo, and other related graphics, logos, service marks, and trade names used on the Site and the Company Materials are the trademarks of Apptech and may not be used without express written permission of Apptech. We own our trademarks and logos, and you are free to use those trademarks, but please ask us first.
Apptech Intellectual Property. The Site and the Company Materials, including any underlying software, contains the valuable intellectual property of Apptech. You may use such intellectual property as necessary for you to access the Site, as otherwise authorized under these Terms. However, you receive no other licenses or rights, whether express or implied, in any Apptech intellectual property that you may access through the Site. We will terminate the accounts of users who infringe the intellectual property of Apptech or any third party. We respect the intellectual property of others and ask that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the account termination, in appropriate circumstances, of users of our Site who violate this policy.
Indemnification. You agree to indemnify, defend, and hold harmless Apptech, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damages, expenses or other liabilities, including reasonable attorneys’ fees, arising out of or relating to (a) any information you submit, post, transmit, upload, publish, or otherwise make available through the Site; (b) your use or misuse of the Site and/or the Company Materials; (c) your violation of these Terms or any additional rules, guidelines or terms of use posted for a specific area of the Site; or (d) your violation of any rights, including without limitation, the intellectual property rights, of a third party. If you do something to violate these Terms and that causes us damage, you agree to be responsible.
Third Party Sites. The Site may provide links to other third party internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse nor are we responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that Apptech is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with any third party, including delivery of products or services and warranty obligations related to purchased products or services. You further acknowledge and agree that Apptech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party site or resource and understand that you bear all risks associated with the use of such third party content. We may provide links to other sites and services. That’s all we’re doing – providing a link. We’re not promising anything. Link up with these third parties at your own risk. We are not responsible for any problems that may result.As mentioned, we are not responsible for your content nor are we responsible for the content of any other user of our Site. You own your content, and while you may use and access the content from other users, we are not responsible for that content nor are we responsible for any problems arising from other users’ content.
DISCLAIMER OF WARRANTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, YOUR USE OF THE SERVICES AND THE USER CONTENT ARE AT YOUR SOLE RISK. THE SITE AND THE COMPANY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, APPTECH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, APPTECH MAKES NO WARRANTY THAT (i) THE SITE AND THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE AND THE COMPANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE SITE AND THE COMPANY MATERIALS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED. What you see is what you get. Mistakes happen; we’re human. If you use the Site or the Company Materials, you agree to this and use at your own risk. You also agree not sue us. If you don’t agree, please do NOT use the Site or the Company Materials.
YOU AGREE THAT YOU ARE VOLUNTARILY WAIVING ANY LIABILITY ON THE PART OF APPTECH, AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES THAT MAY ARISE FROM YOUR ACCESS TO AND USE OF THE SITE AND THE COMPANY MATERIALS. APPTECH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE SITE AND THE COMPANY MATERIALS, INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF APPTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, APPTECH WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SITE AND THE COMPANY MATERIALS; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; OR (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) THAT ITS SYSTEMS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS. IN NO EVENT SHALL APPTECH’S CUMULATIVE AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THE SITE AND THE COMPANY MATERIALS, EXCEED FIFTY U.S. DOLLARS (U.S. $50.00).IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY. Stuff happens, things go wrong. Where a state allows, in no case will we be responsible for more than $50.
Modifications. Apptech retains the right, without prior notice and at its sole discretion, to modify, upgrade or otherwise make changes to these terms of service by posting modified terms to the Site. Continued use of or access to the Site by you is acceptance of the modified terms. We can change these terms of services at any time. Check back here from time to time. If we make any big changes, we’ll give you notice. Keep your contact information updated, please.
Authority. If you are using the Site or the Company Materials on behalf of an organization or entity (“Organization”), then you are agreeing to these terms of service on behalf of that Organization and you represent and warrant that you have the right and authority to legally bind the Organization to these terms of service. If you are agreeing to these terms of service on behalf of your employer, you’re are telling us that you have the authority to do that.
Entire Agreement. These Terms constitutes the entire agreement between you and us regarding the use of the Site and the Company Materials.   Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Apptech is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.   These Terms shall be binding upon assignees. The only agreement between you and us are these terms of service. If we don’t exercise a right here, it doesn’t mean we waive it for all eternity. And if any term is deemed “no good”, the rest of the agreement is still valid. Just because we have this agreement with you does not make you an employee but rather an “independent contractor”. You can’t transfer these terms to someone else
Governing Law and Jurisdiction. These terms of service shall be governed by the laws of the Commonwealth of Virginia without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction. In connection with any claims, dispute, controversies, or proceeding arising from or relating to the Site or the Company Materials, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the Western District of Virginia. You and Apptech agree to submit to the jurisdiction of, and you hereby consent to the exercise of jurisdiction over you by such courts in any such legal action or proceeding. Apptech makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access the Site do so on their own initiative and are responsible for compliance with all applicable laws. The foregoing notwithstanding, the parties agree that this provision may not be deemed enforceable, in whole or in part, by courts in other countries. Since the laws vary from state to state, we’ll go with the laws and courts of our home-base, Virginia, to handle any disputes.

 





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