Terms of Use

Last updated: May 30, 2018

Welcome to Apptics website, an online service designed and offered by First and Third, Inc. (“Company” or “we,” “our” or “us”) for businesses around the world. These “Terms of Use” (“TOU”) are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

Legal Terms

Simplified Terms

By accepting electronically (for example, clicking “I AGREE”), installing, accessing, or using Apptics, you agree to be bound by the terms and conditions of this Agreement and our Privacy Policy without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING APPTICS, UNLESS EXPRESSLY SET OUT IN THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICE. If for any reason you are unable to meet all the conditions set forth under this Agreement, or if you breach any of the TOU contained herein, your permission to use Apptics or access any of its Services (defined below) immediately lapses and you must destroy any materials downloaded or printed from Apptics.

Apptics reserves the right to modify or change these TOU at any time without giving prior notice. We shall, however, notify you of significant or material changes by posting an announcement on the Site. Your continued use of Apptics is subject to the most current TOU posted on the Site at such time. The most current version can be reviewed by clicking the “Terms of Use” hyperlink at the bottom of our Site pages.

This is essential to understand. By using Apptics, you’re agreeing to be bound by everything in the left-hand column. If you won’t or can’t agree to all of these terms, unfortunately, we can’t let you use Apptics. The terms may change in the future but if significant changes are ever made, we’ll let you know so you can decide if you’re okay with them.

DEFINITIONS – The following terms shall have the following meaning throughout the TOU.

Agreement” or “this agreement” refers to these Terms of Use.

As these are simple definitions, they shouldn’t need any translation.

Applicable law” refers to the laws currently in force in the State of California, United States, which shall govern this agreement.

Site” means this website, all related webpages, and all related web pages operated by Apptics, including online or mobile versions, but does not include any third party websites that are linked to, or may link from, this website whether or not such third party websites are used in connection with the Services.

Service” or “Services” refer to Apptics connecting to third party services via application programming interfaces (APIs) calls and pulling in data related to that third party account, and also applies to your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that Apptics owns, controls, and offers from time to time. Users can choose how and where to display that data on the Apptics site and create dashboards for any chosen data metrics to display.

Subscriber” refers to any person who maintains an account with us and utilizes our Services.

Support” means free and paid technical support and assistance provided to users by Apptics, the Company, and other third party contractors retained by us from time to time.

Apptics Parties” includes First and Third, Inc., its affiliates, subsidiaries, partners, service providers, suppliers, and contractors, and each of their respective officers, directors, agents, and employees.

You” and “User” shall refer to any person who visits the Site or uses Apptics, and includes a subscriber and its employees and agents.

GENERAL TERMS

We grant you a non-exclusive, non-transferable limited license to use Apptics and related resources in accordance with these TOU. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

We’d love for you to use Apptics, but you’re just using it. We still own it.

You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services (if applicable), as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.

We’re providing you an online app. How you access it is up to you.

You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.

You can print a copy of this if you want to keep it, right?

We may, without notice or liability, add, discontinue, or revise any aspect, mode, or design of Apptics, which may include but is not limited to the scope of the Service, time of Service, or to the software/hardware required for access to the Services. We may also limit the geographic locations or jurisdictions where certain Services may be available.

Sometimes things change, including Apptics.

Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of Service, the subscriber acknowledges and agrees that, except as otherwise set forth herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of Apptics or the Services whatsoever is to discontinue using Apptics and the Services.

If you aren’t happy with the service(s) we provide, then your recourse is to simply stop using Apptics.

The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.

You’re the only one who knows your password, so keep it a secret! If someone gets hold of your password and does something to your account, unfortunately, that’s on you.

You assume sole responsibility for and shall ensure that any information, data, documents, or materials used, disclosed, entered into or created using Apptics or in connection with the Services is accurate, reliable, and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, in connection with any use and disclosure of information relating to the use of Apptics and the Services. Apptics accepts no responsibility for the accuracy of any information, data, documents, or materials entered into or created using Apptics or the Services except as otherwise set out herein. Notwithstanding, Apptics makes every effort to accurately aggregate the data and statistics that you provide, or grant us access to via third party sites, in order to provide reliable and complete progress and usage information and reports.

This is software that aggregates data and analyzes statistics. If you put the wrong numbers in, Apptics cannot be responsible for the wrong numbers coming out. Apptics will not be checking your work but will certainly do its best to provide accurate results.

CONDITIONS OF USAGE

You agree to use Apptics and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.

Apptics is what it is. Don’t use it for something it’s not.

If you register an account, you agree, represent, and warrant that you provide us with true, current, complete, and accurate information requested in the registration form and from time to time in connection with your use of Apptics. Your registration with Apptics constitutes consent to use any personal information that you provide to us for the purposes set forth in our [Privacy Policy](/privacy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your username, password, account details, and all information required in connection with your use of Apptics confidential and current. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’ principals to open the account and that you have shared all user names, passwords, and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’ principal contacts us, we may be required to provide access to the Apptics account. You agree to hold harmless and release the Apptics Parties from any liability if we do so.

When you register, don’t lie about who you are. By registering, you’re also agreeing to our [Privacy Policy](/privacy. Keep track of your login details, and keep them safe. If you’re creating an account on behalf of a business that you do not own, you must (a) have permission, and (b) share the login credentials with the owner.

Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to, or use of, your account. You agree to hold harmless and release the Apptics Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password, or account, either with or without your knowledge. You agree to indemnify the Apptics Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account whether or not you were directly or personally responsible.

You’re responsible for what happens in your account. In the event that a user is required to download or use software in connection with Apptics, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by these TOU and any such license agreement.

For installable software, you’ll have to agree to a license agreement before you can use it.

COPYRIGHTS, TRADEMARKS & OTHER INTELLECTUAL PROPERTY

The Company and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials products, web content, web page designs, web page layouts images, text, tool, utilities, and software that make up Apptics, but excluding your data, which you provide to us or input using the Services. The technical procedures, processes, concepts, and methods of operation that are inherent within Apptics constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using Apptics by a user or otherwise provided for accessing the Services on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Apptics a worldwide, perpetual, royalty-free, non-exclusive right and license to use all content provided by the user in connection with Apptics for uses related to the delivery of the Services.

You own all your data. We own everything we’ve created. You give us permission to analyze your data through the use of Apptics.

Copyright, trademark, and other intellectual property laws protect materials on and relating to Apptics, including the content of Apptics, and any software downloaded from Apptics. Subject to your ownership of your user content and data, we reserve all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer, or copy the Services or any of the materials or software or any part of Apptics or any content therefrom without the Company’s express written consent. You will also take all reasonable steps to preclude any unauthorized use, copying, or transfer of materials on or relating to Apptics.

Another way of saying that you own all your data and we own everything we’ve created for Apptics. You agree not to try to duplicate, copy, or steal anything we’ve created.

Notwithstanding the above, you may, subject to the following conditions, use individual screen displays or screen shots, which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:

  • No screenshot may be used from any beta version of Apptics unless it has been commercially released to the public;
  • The use if for illustrative purposes only;
  • The use may not imply any endorsement or affiliation by or with Apptics;
  • The screenshot does not contain any commentary that may appear to have been attributable to us;
  • The screenshot does not contain any third party content; and
  • The use does not infringe upon any of these TOU.

The Company has rights to several trademarks, which it uses in connection with the operation of Apptics. We do not grant users any right or license to use our trademarks, or any logo, trade name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

You can take screenshots, as long as:

  • It’s not a beta feature or product;
  • You’re just trying to illustrate something;
  • The screenshot doesn’t suggest a relationship that doesn’t exist;
  • The screenshot doesn’t suggest we said or meant something that we didn’t say or mean;
  • The screenshot doesn’t contain something for which we can’t give permission; and
  • It doesn’t break any other rules.

Permission to use Apptics is not equal to permission to use our trademarks.

PROHIBITED USE

Users shall access information stored and/or generated using Apptics for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.

You’re not allowed to use Apptics to do or help anything illegal or bad.

Users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful, or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information that any reasonable person would consider objectionable on grounds of good conscience.

Don’t use Apptics to spread bad stuff.

No user shall be permitted to upload material on Apptics that s/he ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems, and equipment. You may not use Apptics or our Services in a manner that could block access to, impair, damage or otherwise disable Apptics or any of our servers. You may not attempt to gain unauthorized access to Apptics or to any other user’s accounts, computer systems or networks, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.

Don’t upload things that don’t belong to you. Don’t try to break anything. Don’t try to get into Apptics’ secure machines and systems, or anyone else’s account.

No user shall lease, sell, pledge, sublicense, assign, or otherwise deal with the software belonging to Apptics in a manner that is inconsistent with our intellectual property rights over the software.

Apptics belongs to us; don’t try to sell it or anything like that.

No user shall promote any commercial interest, falsify, or delete any information on Apptics, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Apptics under false pretenses.

More bad things you’re not allowed to do, like pretending to be someone you’re not or breaking laws.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT, SERVICES, AND PRODUCTS ASSOCIATED WITH APPTICS AND PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF APPTICS IS AT YOUR OWN SOLE RISK.

NEITHER THE COMPANY, NOR ITS SUPPLIERS, MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY, NOR ITS SUPPLIERS, MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Essentially, you agree that the only parts where we accept liability are those places below where we explicitly say so and that we make representations about Apptics or the service(s) we provide.

LIMITATION OF LIABILITY

THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (EXCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS ARISING IN WHOLE OR PART FROM YOUR ACCESS TO APPTICS, YOUR USE OF THE SERVICES, THE SITES, OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIVE HUNDRED UNITED STATES DOLLARS ($500).

More language explaining that our liability is limited and, under no circumstances, will you be entitled to recover more than $500 for any claims/damages allegedly arising from your use of Apptics.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY THE COMPANY.

Regardless the claim/damage asserted, allegedly arising from your use of Apptics, you will not be able to obtain judicial relief that will shut Apptics down or otherwise affect our ability to offer our services to users.

TERMINATION OF SERVICE

This Agreement will continue to apply until terminated by either you or the Company, as set forth below. If you want to terminate your Agreement with us, you may simply close your Apptics account pursuant to the instructions provided on your account page.

The Company may immediately terminate this Agreement and your use of Apptics at any time without notice, including, without limitation, if you breach any of these terms, or are otherwise engaged in improper or unlawful activity on Apptics.

We will issue notice to you, as the subscriber/user, explaining that, in our reasonable judgment, you have breached this Agreement (or any applicable other agreement between the parties) and, consequently, that your account has been terminated. Upon such termination, you must immediately cease using Apptics indefinitely and we may, at our option, immediately block your access to Apptics. A terminated user will have an opportunity to remedy the breach or explain the questionable activity; however, Apptics has full discretion as to whether or not a user’s account will be reinstated.

Termination of your account, at our discretion or yours, includes deletion of all related information and files in your account, with the exception of anonymized data and work product generated by Apptics.

If you break the rules, we can close your Apptics account(s). You can also unsubscribe easily anytime you want.

OWNERSHIP AND DISCLOSURE OF INFORMATION

You own all of your business’ private data, content, and all information that you enter (or make accessible via third party sites) and use in connection with Apptics. We do not claim any rights, proprietary or otherwise, over any data or information that you may use or disclose in connection with Apptics and our Services. Notwithstanding, there may be circumstances in which we may be required to disclose data, such as the following:

  • For purposes of fraud prevention and law enforcement;
  • To comply with any legal, governmental, or regulatory requirement;
  • To our lawyers in connection with any legal proceedings; and
  • To comply with court order.

If we are required to disclose your data or information, we will use our best efforts to provide you with a reasonable notice in the circumstances and, if appropriate, the right to challenge any such request. Our Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.

We want you to be in control of all your data. You own it. We do not. We won’t disclose personally identifiable information except in cases like those below:

  • To uphold our obligation to law enforcement;
  • If/when we’re required by law; and
  • When we talk to our own lawyers.

If we’re required by law to divulge your information, or in any cases outlined above, we’ll do our best to let you know ASAP and allow you to have your say about it.

INFORMATION RECEIVED FROM THIRD PARTY SERVICES

Apptics allows users to direct the Site to access and retrieve tracking, usage, and other data analytics maintained online by third party services with which they have pre-existing relationships. Apptics connects to these services via application programming interfaces (APIs) calls and pulls in data related to that third party account. You can then choose how to query that data on the Apptics site. It is entirely the user’s responsibility to ensure the accuracy, completeness, and timeliness of any information required by us, or any third party service providers, in connection with any of our Services.

If you connect Apptics with a third party site, you control what personal information is accessed or imported into Apptics and how that data will be used in connection with our services.

THIRD PARTY LINKS, APIs & CONTENT

When using Apptics, you may be directed to websites maintained by other third party service providers.

Some of the Site’s functionality interoperates with, and is highly dependent upon, application programming interfaces (APIs) from third parties, such as Google and Facebook. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund credit, or other compensation. Your only recourse shall be to stop using Apptics. Additionally, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content, and information through our own API for use in connection with their services.

You acknowledge that such sites and services are completely independent of Apptics and as we have no control over them, we accept no liability with respect to your use, ability or inability to use them, or any of the content on such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party service providers will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions, and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort, or otherwise for and from any claims arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of Apptics. The availability of such third party services in connection with Apptics does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.

If you find a link to something in Apptics, or use a service that relies on an API, including advertising links, we can’t be responsible for what other people or companies are saying or doing.

AUTHORIZATION TO EXPORT DATA

The subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of Apptics and other information uploaded on the subscriber's account. We may in certain circumstances export user information outside of the United States. However, we will not share, disclose, or store personal information other than in the manner expressly set forth in the Privacy Policy.

To run our services, sometimes we need to make a copy of data files.

GOVERNING LAW AND DISPUTE RESOLUTION

California state law governs this Agreement without regard to its conflicts of laws provisions.

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the Company agree that we intend for this section to satisfy the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

The laws of California and the United States govern this agreement and anything that comes of it.

Binding Arbitration. As used herein, the following disputes will be “Arbitration Disputes”, which may only be resolved by binding arbitration as set forth herein:

ANY AND ALL DISPUTES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO APPTICS, YOUR USE OF OUR SITE OR SERVICES, OR THESE TOU WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. ALL ARBITRATION DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA.

The Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. Issues relating to the enforceability of the arbitration and class action waiver provisions are to be decided only by a court of competent jurisdiction, and not by the arbitrator. This arbitration provision shall survive termination of these Terms or the Site. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.

If we get into a dispute, we’ll resolve it through arbitration (i.e. no courts or judges or juries).

Limited Time to File Claims.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

If a dispute between us ever arises, we have 1 year to put the other party on notice of the dispute or commence an action. After 1 year has passed from the date that the dispute first arose, then a claim can no longer be initiated.

Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by the Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Apptics, user-generated content, our intellectual property rights (including such we may claim that may be in dispute), our operations, and/or our products or services.

Nothing in these Terms of Use prohibits us from taking legal action to stop you from doing something that could cause/is causing damage to Apptics or any content we own or service(s) we provide, including seeking an injunction.

No Class Action Matters.

YOU AND THE COMPANY AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All arbitration disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any arbitration dispute to be arbitrated on a class action basis or on any basis involving arbitration disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the arbitration dispute must be brought exclusively in the appropriate California court, as set forth below. Notwithstanding any other provision of this section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Not only will a dispute between us be resolved through arbitration, but claims may only be brought as individuals (i.e. no class actions).

Courts in Los Angeles County, California.

Except to the extent that arbitration is required (as set forth above), small claims actions, or with respect to the enforcement of any arbitration decision or award with respect to an arbitration dispute, any action or proceeding relating to the Apptics and/or these TOU may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and the Company agree to the exclusive personal jurisdiction and venue of such courts for such matters, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Any and all legal actions must be commenced in Los Angeles County, California.

OTHER MISCELLANEOUS TERMS

Severability; Interpretation

If any provision of these TOU, is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these TOU, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these TOU (which will remain in full force and effect).

To the extent permitted by applicable law, you waive any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these TOU, the word will be deemed to mean “including, without limitation”.

If you find an error in these Terms, the rest of the terms are still in effect.

Language.

You and the Company expressly acknowledge and agree that this Agreement and all related agreements schedules, notices, materials, and policies will be drafted in the English language only.

We do business in English.

Privacy Policy.

Our Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business’ financial information collected for the purposes of using Apptics.

We also have a Privacy Policy, and that’s part of the agreement we make with you. Please take a look!

Registration Information.

Subscribers and users are responsible for maintaining the confidentiality of their usernames, passwords, and other access credentials, which allow them to use Apptics and access the Services.

Keep your password safe!

No Waiver.

Except as expressly set forth in these TOU or any other applicable terms or agreements, including the Company’s Privacy Policy: (a) no failure or delay by you or the Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy; and (b) no waiver or modification of any term of these TOU will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

From time to time, we may pay penalties or waive some of our rights, as defined in these Terms. This doesn’t mean we waive our rights in any other circumstances, and shouldn’t be interpreted as an indicator of future behavior.

Indemnity.

You agree to defend, indemnify, and hold the Apptics Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Apptics Party or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (a) your use of the Site and your activities in connection with the Site; (b) your breach or alleged breach of these TOU or any other applicable terms or agreements, including the Company’s Privacy Policy; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (d) information or material transmitted through your device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) any misrepresentation made by you; and (f) Apptics Parties’ use of the information that you submit to us (collectively, “Claims and Losses”). You will cooperate as fully required by the Apptics Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Apptics Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. The Apptics Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an Apptics Party.

If we are sued for anything that arises out of your (mis)use of Apptics, including, but not limited to, your breach of these Terms or violation of any laws, then you are responsible for reimbursing us for all costs and fees related to resolving/defending against the claims or dispute. Additionally, you agree to cooperate with us throughout the litigation/dispute resolution but we retain full settlement authority.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

The Company respects the intellectual property rights of others and asks that users of Apptics do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information, as required by Section 512(c)(3) of the DMCA:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which complaining party may be contacted;
  • A statement that complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information specified above must be sent to the Company’s Designated Agent, whose contact information is as follows

Attention: DMCA Designated Agent
First and Third, Inc.
℅ Greg Allen
200 Pier Ave., Ste. 125
Hermosa Beach, CA 90254
support@apptics.io

Upon receipt of a bona fide infringement notification, it is the Company’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.

You agree not to infringe on other people’s copyrights.

If someone is infringing on your copyright, follow the instructions in the left column to let us know.

Counter-Notification. If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:

  • Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

If a counter-notice if received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of counter-notice, at our discretion.

Note that Section 512(f) of the DMCA may impose liability for damages on any person who knowingly sends meritless notices of infringement, or misrepresents their identity or ownership of copyrights.

If, following a complaint, we took something down that belongs to you, and you want it back up, follow the instructions in the left column for “Counter-Notification.”