This Agreement is a legal agreement between you and APPOPLOO P.C. (the "Company") for your use of the Company’s (a) APPOPLOO software application that accompanies this Agreement (the "Software"), (b) website located at www.appoploo.com/ (the "Website") and (c) related services (the Software, Website and services are referred to herein collectively as the "Services").
The Company reserves the right to modify this Agreement from time to time for any reason in the Company’s sole discretion without notice as provided in Section 18 of this Agreement. This Agreement and the license granted hereunder are effective on the date you download the Software and shall continue unless this Agreement is terminated by either party pursuant to Section 15 of this Agreement.
1. Important Disclaimers
(a) THE SERVICES ARE INTENDED ONLY FOR TRACKING VESSELS OR VEHICLES AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, FOR FAMILY FINDING PURPOSES, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN A MANNER WHERE THE FAILURE OR INACCURACY OF THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
(b) YOUR USE OF THE SERVICES IS DEPENDENT ON THE AVAILABILITY AND COVERAGE OF WIRELESS NETWORKS, TELECOMMUNICATIONS NETWORKS, SATELLITE POSITIONING SYSTEMS AND THE INTERNET, WHICH INVOLVE FACILITIES OWNED AND OPERATED BY THIRD PARTIES. COMPANY IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD-PARTY SYSTEMS OR FACILITES OR LOSS OF DATA DUE TO POOR, NONE OR EXTENSIVE LACK OF COVERAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.
2. Representations, Warranties and Certain Agreements.
You expressly represent and warrant to, and agree with, the Company as set forth below in this Section 2:
(a) You are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this Agreement due to age, you must abide by such age limits and you must not use the Software and Services. Without limiting the foregoing, the Services and Software are not available to children (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
(b) Your participation in using the Services and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your account to any other person or entity.
(c) When using the Software or Services you agree to comply with all applicable laws from the country, state, and city in which you are present while using the Software or Services.
(d) You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Services or Software with an incompatible or unauthorized device.
(e) You will only use the Services or Software for lawful purposes; you will not use the Services or Software for sending or storing any unlawful material or for fraudulent purposes.
(f) You will not use the Services or Software to cause nuisance, annoyance or inconvenience.
(g) You will not copy, or distribute the Software or other content without written permission from the Company.
(h) You will only use the Services and Software for your own use and will not resell it to a third party.
(i) You will keep secure and confidential your account password or any identification we provide you which allows access to the Services and Software.
(j) You will provide us with whatever proof of identity we my reasonably request.
(k) You will only use an access point or 3G data account (AP) which you are authorized to use.
3. Consent To Reveal GPS Location, Commercial Location, and Phone Number
4. Account and Payments
(a) You may, but are not required to, create an account with the Company ("Account") to personalize your experience while using the Services.
(b) While you create an Account, you represent and warrant that (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement. During the registration process, you will be asked to choose a username and a password for your Account and may associate your phone number with the Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
Subject to the terms of this Agreement, the Company grants to you a personal, revocable, nontransferable, nonexclusive license (without the right to sublicense) to (i) install and execute one copy of the Software, in executable object code format only, solely on your handheld mobile device and solely for your personal use of the Services, and (ii) reproduce the text, images, and other content on our Website, solely for your own personal use of the Services.
The rights granted to you in this Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services (including the Software and Website) or make the Services (including the Software and Website) available to any third party; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services (including the Software and Website); (iii) you shall not access the Services (including the Software and Website) in order to build a similar or competitive product or service; and (iv) except as expressly stated herein, no part of the Services (including the Software and Website) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services (including the Software and Website) provided by the Company (if any) shall be subject to the terms of this Agreement unless the Company expressly states in writing otherwise. You shall preserve all copyright and other proprietary rights notices on the Software and Website and all copies thereof. The Company reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Software and Website) or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (including the Software and Website) or any part thereof.
The Services (including the Software and Website) and all worldwide copyrights, trade secrets, and other intellectual property rights therein, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or Services are the exclusive property of the Company and/or its licensors. All rights in and to the Services (including the Software and Website) not expressly granted to you in this Agreement are reserved by the Company and its licensors. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or Services, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, and the product names associated with the Software and Services are trademarks of the Company or third parties, and no right or license is granted to use them.
8. Acceptable Use Policy
(a) You agree not to use the Services in a manner that is harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, or otherwise objectionable, or in violation of any law or regulation. In addition, you agree not to use the Services 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 email addresses, without their consent; (iv) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services or (vii) falsely purport to be an employee or agent of the Company.
(b) The Company reserves the right (but have no obligation under this Agreement) to investigate and/or take appropriate action, including legal action, in its sole discretion against you if you violate this provision or any other provision of this Agreement, including suspending or terminating your Account and/or reporting you to law enforcement authorities. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Company’s systems and customers, or to ensure the integrity and operation of the Company’s business and systems, the Company may access and disclose any information it considers necessary or appropriate, including your Account, IP address, traffic information, and usage history.
9. Third-Party Websites; Other Users
(a) The Services may contain links to Third-Party Websites ("Third-Party Websites"). Such Third-Party Websites are not under the control of the Company. The Company is not responsible for any Third-Party Websites. The Company provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. When you leave the Services, the Company’s terms and policies no longer govern. You should review applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) The Company may rely on third-party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. You agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify the Company in writing. The Company reserves the right to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s Website. You agree that the Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis.
(c) You hereby release the Company and its licensors and each such party’s parent organizations, subsidiaries, affiliates, related companies, partners, suppliers, officers, directors, members, shareholders, employees, attorneys, agents, representatives and successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including, but not limited to, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other Users or Third-Party Websites.
You agree to indemnify and hold the Company and its licensors and each such party’s parent organizations, subsidiaries, affiliates, related companies, partners, suppliers, officers, directors, members, shareholders, employees, attorneys, agents, representatives and successors harmless from and against any claim or demand, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with (i) your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (ii) your violation of any rights of any third party (iii) your download or use (or misuse) of the Software or Services; and (iv) your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of passengers who have procured your transportation services via the Software or Services. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you may be required to indemnify it, and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, LEGALITY OR SAFETY OF THE SERVICES (INCLUDING THE SOFTWARE AND WEBSITE). THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD OF THE SOFTWARE.
12. LIMITATION OF REMEDIES AND DAMAGES
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS LICENSORS, AND EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND SUCCESSORS EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND ITS LICENSORS, AND EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND SUCCESSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND ITS LICENSORS, AND EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES OR SOFTWARE, EVEN IF THE COMPANY AND ITS LICENSORS, AND EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND SUCCESSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company may introduce you to third parties for the purposes of you providing transportation to them for a fee. We make no guarantees, warranties, or representations as to the actions or conduct of such third parties. The Company will not intervene in any disputes between you and such third parties. We cannot and will not play any role in managing payments between you and such third parties. Responsibility for the decisions you make regarding transportation services offered via the Software or Services (with all its implications) rests solely with you. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
The transportation services that you provide, which is scheduled through the Services or Software, is fully and entirely your responsibility. The Company does not screen or otherwise evaluate potential riders/users of your transportation services. You understand, therefore, that by using the Software and the Services, you may be introduced to third parties that may be potentially dangerous, and that you use the Software and the Services at your own risk.
WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY AND ITS LICENSORS, AND EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND SUCCESSORS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICES.
13. INTERNET DELAYS
THE COMPANY’S SERVICES AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY AND ITS LICENSORS, AND EACH SUCH PARTY’S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, SUPPLIERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
14. Basis of Bargain
The warranty disclaimers and limitations of liability set forth above are fundamental elements of the basis of the agreement between the Company and you. The Company would not be able to provide the Services (including the Software and Website) on an economic basis without such limitations.
15. Term and Termination
This Agreement and the license granted hereunder are effective on the date you download the Software and shall continue unless this Agreement is terminated by either party pursuant to this section. We may (a) suspend your rights to use the Services or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately and any amounts owed to the Company hereunder before such termination will be immediately due and payable. You may terminate this Agreement by submitting a request to firstname.lastname@example.org. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Software in your possession, but the terms of Sections 1, 2, 3, and 6 through 18 will remain in effect.
16. Changes to Agreement
The Company reserves the right to modify this Agreement from time to time for any reason in the Company’s sole discretion without notice. The Company will post or display notices of material changes on its Website and/or may email you about these changes. These changes become effective immediately upon posting or emailing, as applicable, and if you use any of the Services after the changes become effective, it will signify your agreement to be bound by the changes. Please review this Agreement from time to time so that you will be apprised of any changes.
18. Notices, Questions or Additional information
The Company may deliver notice to you under this Agreement by means of email to your email address on record in your Account, by a general notice posted on the Website, or by written communication delivered by mail to your address on record in your Account. You may give notice to the Company via email to the following address: email@example.com. If you have questions regarding this Agreement, or wish to obtain additional information, please contact us at: firstname.lastname@example.org.