Terms & Conditions | Appetronix Inc

Appetronix Inc. - Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING AGREEMENT.

Welcome to Appetronix Inc. ("Appetronix," "we," "us," or "our"). These Terms of Use (the "Terms" or "ToU") describe the terms and conditions applicable to your access and use of www.appetronix.com and any pages that link to these Terms (collectively, the "Site"), as well as the services and software made available through or in connection with the Site (collectively, the "Service").

We may amend this ToU at any time by posting the amended Terms of Use on the Site with reasonable notice to you, and your continued use of the Site after such notice constitutes your acceptance of any changes to this ToU. We may also make changes to the Site and/or the Service at any time.

YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT Appetronix MAKES FROM TIME TO TIME.

1. Representations and Warranties. The Site provides you with certain information about our products and services. By using the Site and Service or clicking the "I Accept" button, you hereby warrant, represent, covenant and certify the following:

1.1. All information you provide to Appetronix must be true, accurate, current, and complete, and you agree to update such information as needed.

1.2. You will use the Site and Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations;

1.3. You have the full right, power, and authority to enter into and comply with these Terms of Use, and doing so does not violate any other agreement or obligation to which you are bound.

1.4. You will not use the Site or Service to infringe or misappropriate the intellectual-property, privacy, or other rights of any third party.

1.5. You are solely responsible for any content or material you submit, post, or share through the Site, and that such content does not violate any law or right of any person or entity.

2. Acceptance. By clicking "I ACCEPT" or by simply using our Site or the Service, you represent that you have read and consent to our Privacy Policy and End User License Agreement in addition to this ToU. Appetronix may revise the Privacy Policy at any time, without notice, and the new versions will be available on the Site. You are responsible for regularly checking the Site for updates to the Privacy Policy. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Service.

3. Requirements and Fees. You are responsible for obtaining and maintaining all equipment, software, and internet access needed to use the Service and for all related charges and fees. We may change technical requirements as the Service evolves.

4. Updates to this ToU. Appetronix may revise this ToU as the Site and/or Service evolves. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service and uninstall the Software.

5. General Use, Permissions, and Restrictions.

5.1. Use of Site and Service. Subject to your compliance with these Terms, Appetronix grants you a limited, non-exclusive, non-transferable, revocable license to view and use the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, distribute, transfer, sell or re-sell any information, content, or services obtained from the Site.

5.2. No Violation of Laws. You agree that you will not, in connection with your use of the Site, Software or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

5.3. No Automated Access; Rate Limits. You will not use or launch any automated system (including "robots," "spiders," "offline readers," or similar) that sends more requests to our servers in a given period than a human can reasonably produce using a conventional web browser. Appetronix may revoke or modify this restriction or grant written exceptions.

5.4. Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person's use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or Service; (iii) constitutes any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Appetronix and/or the Software or Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

5.5. Public Search-Engine Exception. Operators of public search engines may use spiders to copy materials from the Site solely to create publicly available searchable indices (not caches or archives). Appetronix may revoke this exception at any time.

5.6. No Commercial Uses. You agree that you will not use any portion of the Software, the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of any portion of the Software, the Site or Service.

5.7. No Data Mining or Harmful Code. You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software, the Site or the Service.

6. Links.

6.1. Links from the Site. The Site may contain links to websites operated by other parties. Appetronix provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Appetronix, and Appetronix is not responsible for the content available on the other sites. Such links do not imply Appetronix's endorsement of information or material on any other site and Appetronix disclaims all liability with regard to your access to and use of such linked websites. By following any third-party links, you expressly relieve Appetronix from any and all liability arising from your use of those sites.

6.2. Links to the Site. Unless otherwise set forth in a written agreement between you and Appetronix, you must adhere to Appetronix's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Appetronix's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Appetronix, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site, and (iv) Appetronix reserves the right to revoke its consent to the link at any time and in its sole discretion.

7. Social Networks. The Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Appetronix to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT APPETRONIX WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

8. Intellectual Property.

8.1. Trademarks. APPETRONIX and the APPETRONIX logo are trademarks/service marks of Appetronix. Unauthorized use of any Appetronix trademark, service mark or logo may be a violation of federal and state trademark laws.

8.2. Copyright. The Site, Service and Software are protected by U.S. and international copyright laws. Except for your use as authorized in this ToU, you may not modify, reproduce or distribute the content, design or layout of the Site, Service or Software, or individual sections of the content, design or layout of the Site without Appetronix's express prior written permission.

8.3. Copyright Infringement. Appetronix removes content when properly notified that it infringes another's rights. To submit a copyright infringement notice, email support@appetronix.com.

9. Location. The Site and the Service are operated by Appetronix from Canada. If you access the Service from other jurisdictions (including the United States), you are responsible for compliance with applicable local laws.

10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. APPETRONIX MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. APPETRONIX DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. APPETRONIX PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; OR (II) THE SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF INTERNET OR MOBILE DEVICE CONTENT ABOUT THE SUBJECT(S) OF THE SEARCHES TO BE UNDERTAKEN BY THE SERVICE.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPETRONIX, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF APPETRONIX AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF APPETRONIX OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Appetronix and its affiliates shall be limited to the fullest extent permitted by law.

13. Indemnification. You agree to indemnify, defend and hold Appetronix and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of this ToU or any other policies that Appetronix may issue for the Site, the Software and/or Service from time to time.

14. Governing Law; Jurisdiction. This ToU shall be governed by, and will be construed under, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Subject to Section 18 and to any non-waivable rights you have under applicable consumer protection law, all disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, and you agree to submit to the personal jurisdiction and venue of such courts.

Consumer rights preserved. Nothing in this ToU limits or waives any right or remedy you have under applicable Canadian consumer protection legislation that cannot be limited or waived by contract. To the extent any provision of this ToU conflicts with such non-waivable rights, those rights prevail.

15. Binding Arbitration.

15.1. Arbitration Procedures. You and Appetronix agree that, except as provided below, all disputes, controversies and claims related to this ToU or Appetronix's privacy policy (each a "Claim"), shall be finally and exclusively resolved by binding arbitration administered by JAMS, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.

Except as otherwise set forth herein, you may seek any remedies available to you under federal, provincial, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and Appetronix may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Appetronix WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

15.2. Location. The arbitration will take place in London, Ontario, Canada, unless the parties agree to video, phone and/or internet connection appearances.

15.3. Limitations. You and Appetronix agree that any arbitration shall be limited to the Claim between Appetronix and you individually. YOU AND APPETRONIX AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

15.4. Exceptions to Arbitration. You and Appetronix agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or Appetronix's copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

16. General.

16.1. ToU Revisions. This ToU may only be revised in a writing signed by Appetronix, or published by Appetronix on the Site.

16.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Appetronix as a result of this ToU or your use of the Service or the Software.

16.3. Assignment. Appetronix may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Appetronix's prior written consent, and any unauthorized assignment by you shall be null and void.

16.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

16.5. Attorneys' Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

16.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

16.7. Notices. All legal notices must be in writing and addressed to: 1326 Huron Street, Unit 411, London ON N5V 2E2, Canada, Attn: Legal/User Support. You agree that we may provide notices to you by posting to the Site or emailing the address associated with your account.

16.9. Limitation Period. Any cause of action arising out of or related to the Site or Service must be commenced within the period permitted by applicable law.

16.10. Equitable Remedies. You hereby agree that Appetronix would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

16.11. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.

Appetronix Inc.