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Read This Terms of Use Agreement
Before Accessing Website.
Effective Date: This Terms of
Use Agreement was last updated
on November 16, 2005.
This Terms of Use Agreement
sets forth the standards of use
of the AppTechBiz Online
Service. By using the
AppTechBiz.com website you (the
“Member”) agree to these terms
and conditions. If you do not
agree to the terms and
conditions of this agreement,
you should immediately cease all
usage of this website. We
reserve the right, at any time,
to modify, alter, or update the
terms and conditions of this
agreement without prior notice.
Modifications shall become
effective immediately upon being
posted at AppTechBiz.com
website. Your continued use of
the Service after amendments are
posted constitutes an
acknowledgement and acceptance
of the Agreement and its
modifications. Except as
provided in this paragraph, this
Agreement may not be amended.
Description of Service
AppTechBiz is providing
Member with downloadable
software (the “Software”) and
information pertaining to the
company (the “Documentation”).
Member must provide (1) all
equipment necessary for their
own Internet connection,
including computer and modem and
(2) provide for Member’s access
to the Internet, and (3) pay any
fees relate with such
connection.
Disclaimer of Warranties
The site is provided by
AppTechBiz on an “as is” and on
an “as available” basis. To the
fullest extent permitted by
applicable law, AppTechBiz makes
no representations or warranties
of any kind, express or implied,
regarding the use or the results
of this web site in terms of its
correctness, accuracy,
reliability, or otherwise.
AppTechBiz shall have no
liability for any interruptions
in the use of this Website.
AppTechBiz disclaims all
warranties with regard to the
information provided, including
the implied warranties of
merchantability and fitness for
a particular purpose, and
non-infringement. Some
jurisdictions do not allow the
exclusion of implied warranties,
therefore the above-referenced
exclusion is inapplicable.
Limitation of Liability
AppTechBiz SHALL NOT be
liable for any damages
whatsoever, and in particular
AppTechBiz shall not be liable
for any special, indirect,
consequential, or incidental
damages, or damages for lost
profits, loss of revenue, or
loss of use, arising out of or
related to this web site or the
information contained in it,
whether such damages arise in
contract, negligence, tort,
under statute, in equity, at
law, or otherwise, even if
AppTechBiz has been advised of
the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
Indemnification
Member agrees to indemnify
and hold AppTechBiz, its
parents, subsidiaries,
affiliates, officers and
employees, harmless from any
claim or demand, including
reasonable attorneys’ fees and
costs, made by any third party
due to or arising out of
Member’s use of the Service, the
violation of this Agreement, or
infringement by Member, or other
user of the Service using
Member’s computer, of any
intellectual property or any
other right of any person or
entity.
Modifications and Interruption
to Service
AppTechBiz reserves the
right to modify or discontinue
the Service with or without
notice to the Member. AppTechBiz
shall not be liable to Member or
any third party should
AppTechBiz exercise its right to
modify or discontinue the
Service. Member acknowledges and
accepts that AppTechBiz does not
guarantee continuous,
uninterrupted or secure access
to our website and operation of
our website may be interfered
with or adversely affected by
numerous factors or
circumstances outside of our
control.
Third-Party Sites
Our website may include
links to other sites on the
Internet that are owned and
operated by online merchants and
other third parties. You
acknowledge that we are not
responsible for the availability
of, or the content located on or
through, any third-party site.
You should contact the site
administrator or webmaster for
those third-party sites if you
have any concerns regarding such
links or the content located on
such sites. Your use of those
third-party sites is subject to
the terms of use and privacy
policies of each site, and we
are not responsible therein. We
encourage all Members to review
said privacy policies of
third-parties’ sites.
Disclaimer Regarding Accuracy of
Vendor Information
Product specifications and
other information have either
been provided by the Vendors or
collected from publicly
available sources. While
AppTechBiz makes every effort to
ensure that the information on
this website is accurate, we can
make no representations or
warranties as to the accuracy or
reliability of any information
provided on this website.
AppTechBiz makes no
warranties or representations
whatsoever with regard to any
product provided or offered by
any Vendor, and you acknowledge
that any reliance on
representations and warranties
provided by any Vendor shall be
at your own risk.
Governing Jurisdiction of the
Courts of North Carolina
Our website is operated and
provided in the State of
North Carolina. As such, we are
subject to the laws of the State
of North Carolina, and such laws
will govern this Terms of Use,
without giving effect to any
choice of law rules. We make no
representation that our website
or other services are
appropriate, legal or available
for use in other locations.
Accordingly, if you choose to
access our site you agree to do
so subject to the internal laws
of the State of North Carolina.
Compliance with Laws
Member assumes all knowledge
of applicable law and is
responsible for compliance with
any such laws. Member may not
use the Service in any way that
violates applicable state,
federal, or international laws,
regulations or other government
requirements. Member further
agrees not to transmit any
material that encourages conduct
that could constitute a criminal
offense, give rise to civil
liability or otherwise violate
any applicable local, state,
national, or international law
or regulation.
Copyright and Trademark
Information
All content included or
available on this site,
including site design, text,
graphics, interfaces, and the
selection and arrangements
thereof is ©2005 AppTechBiz.com,
will all rights reserved, or is
the property of AppTechBiz
and/or third parties protected
by intellectual property rights.
Any use of materials on the
website, including reproduction
for purposes other than those
noted above, modification,
distribution, or replication,
any form of data extraction or
data mining, or other commercial
exploitation of any kind,
without prior written permission
of an authorized officer of
AppTechBiz is strictly
prohibited. Members agree that
they will not use any robot,
spider, or other automatic
device, or manual process to
monitor or copy our web pages or
the content contained therein
without prior written permission
of an authorized officer of
AppTechBiz.
AppTechBiz™ and
AppTechBiz.com™ are proprietary
marks of AppTechBiz.com.
AppTechBiz’s trademarks may not
be used in connection with any
product or service that is not
provided by AppTechBiz, in any
manner that is likely to cause
confusion among customers, or in
any manner that disparages or
discredits AppTechBiz.
All other trademarks
displayed on AppTechBiz’s
website are the trademarks of
their respective owners, and
constitute neither an
endorsement nor a recommendation
of those Vendors. In addition,
such use of trademarks or links
to the web sites of Vendors is
not intended to imply, directly
or indirectly, that those
Vendors endorse or have any
affiliation with AppTechBiz.
Notification of Claimed
Copyright Infringement
Pursuant to Section 512(c)
of the Copyright Revision Act,
as enacted through the Digital
Millennium Copyright Act,
AppTechBiz.com designates the
following individual as its
agent for receipt of
notifications of claimed
copyright infringement.
By Mail:
7424 Sugar Maple Lane
Charlotte, NC 28215
By Telephone: (888) 849-1167
By Email:
legal@AppTechBiz.com
Botnets
AppTechBiz retains the
right, at our sole discretion,
to terminate any accounts
involved with botnets and
related activities. If any
hostnames are used as command
and control points for botnets,
AppTechBiz reserves the right to
direct the involved hostnames to
a honeypot, loopback address,
logging facility, or any other
destination at our discretion.
Other Terms
If any provision of this
Terms of Use Agreement shall be
unlawful, void or unenforceable
for any reason, the other
provisions (and any
partially-enforceable provision)
shall not be affected thereby
and shall remain valid and
enforceable to the maximum
possible extent. You agree that
this Terms of Use Agreement and
any other agreements referenced
herein may be assigned by
AppTechBiz, in our sole
discretion, to a third party in
the event of a merger or
acquisition. This Terms of Use
Agreement shall apply in
addition to, and shall not be
superseded by, any other written
agreement between us in relation
to your participation as a
Member. Member agrees that by
accepting this Terms of Use
Agreement, Member is consenting
to the use and disclosure of
their personally identifiable
information and other practices
described in our Privacy Policy
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