APPLOI

TERMS OF USE

Last Revised: December 2017

Welcome to Apploi.com, our other websites, service, and our mobile application(s), offered by Apploi Corp., and its affiliates (“Apploi” or “Company” or “we” or “us”). These Terms of Service and our Privacy Policy (together, these “Terms”) describe the terms and conditions applicable to all users’ access, submissions and use of our websites, applications, services and mobile applications on or to which these Terms are linked or referenced (collectively, the “Apploi Services” or the “Services”).

Some of our offerings may be subject to additional terms and we will notify you if this is the case.

PLEASE READ THESE TERMS OF USE CAREFULLY.

  1. ACCEPTANCE OF THE TERMS

By accessing, downloading, installing, submitting content, registering with us or using the Apploi Services you acknowledge that you have read, understand and agree to be bound by these Terms, which form an agreement that is effective as if you had signed it.

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Services to become a “User”. For purposes of this Agreement, the term “User” refers to any natural person that uses Apploi Services or who submits any information or accesses any of the Company Services through our websites. Users provide information to the Company to participate in the Service and are bound by this Agreement whether such a User uses the Apploi Service free of charge or for a fee.

You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. If you would like to receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to the address indicated below. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.

VISITING OR OTHERWISE USING THE SERVICES OR CONTENT OBTAINED FROM THE SERVICES, CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND APPLOI CORP. IF YOU DO NOT SO CONSENT OR ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES OR USE ANY OF ITS CONTENT.

IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION” below for more information.

 

  1. CHANGES TO TERMS

We may revise or update these Terms from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any material changes in these Terms takes effect upon posting and apply only to your use of Apploi Services and information collected from you on and after the Last Revised date, unless we have other communications with you.   If you are a User at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you have purchased a User subscription, at the time of any change, the then-existing Agreement will continue to govern your subscription until such time that you renew your subscription. If you renew your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. Additionally, each time you use Apploi Services, you signify your acceptance of the then-current Terms.

We reserve the right (in our sole discretion) at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. PRIVACY/SECURITY

Please make sure that you carefully read our <Privacy Policy> to learn about the information that Apploi collects on the Apploi Services and how we process such information.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

Access

Apploi Services are designed and intended for adults and not children. You must be 16 or older, or the age of majority in your jurisdiction to use our Services.

If you are under age 16, you are not permitted to submit any identifiable information to Apploi Services through our websites, applications, or offline. Any use of the Service by persons under the age of 16 is void where prohibited. By accessing and using the Apploi Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service. If you are accessing the Services from outside the United States you further agree to be bound by the laws and jurisdiction of the United States.

  1. APP USERS

You are solely responsible for all access to any applications through your mobile device, tablet, or other device and for bringing these Terms to the attention of all such persons who may use your device. To use one of our applications you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any costs or fees you may incur as a result of accessing our Services.

Our applications and Services may be available for download from third party appstores which are not owned and operated by Apploi. You must comply with any applicable third party terms of agreement when using the application and ensure that your use of the application is not in violation of an appstore’s terms and conditions, privacy policy, any applicable End User License Agreement or distribution policies, your mobile device agreement or any wireless data service agreement (collectively, “Related Terms”). Each time you download, install, access, use or browse the application, you acknowledge that you have also reviewed and accepted the Related Terms.

We may from time to time develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Apploi shall not be liable with respect to any modifications or deletions of such functionality and has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the Apploi Services may not properly operate. You further agree that all Updates will be deemed part of the Apploi Services and be subject to all terms and conditions of these Terms.

  1. LIMITED LICENSE

We grant you a limited, revocable, nontransferable, and non-exclusive license to access and make use of the Apploi Services. You acknowledge that the trade secrets and intellectual property embodied in the Apploi Services have not been and will not be licensed or otherwise disclosed to you. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Apploi Services or any portion thereof; (ii) modify, download, reverse engineer or decompile the Apploi Services or content (except caching or as necessary to view the Apploi Services); (iii) make any use of the Apploi Services or content other than use authorized by these Terms of Use; (iv) create any derivative work based upon the Apploi Services or content; (v) collect another’s account information for the benefit of yourself or another party, attempt to gain unauthorized access to the Apploi Services, other users’ accounts or Apploi’s computer systems or networks, through hacking, password mining or any other means; (vi) use any meta tags or any other “hidden text” utilizing Apploi’s name or trademarks or to otherwise use the trademarks; (vii) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect, access, retrieve, scrape or index any portion of the Apploi Services; (viii) remove any copyright, trademark or other proprietary rights notices contained in the Apploi Services or Content; (ix) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Apploi Services or any features or functionality of the Apploi Services, to any third party for any reason, including by making the Apploi Services available on a network where it is capable of being accessed by more than one device at any time, or (x) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Apploi Services or that may adversely affect performance of the Apploi Services or restrict any other user or Apploi from using or enjoying the communication services or the Apploi Services.

All rights not expressly granted herein are reserved by Apploi. Any unauthorized use by you of Apploi Services terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms.

  1. APPLOI CONTENT

Unless otherwise expressly permitted in writing by Apploi, we authorize you, subject to these Terms of Use, to access the Website and use their functionalities solely for your exclusive and personal use.

The Apploi Services, including any information, graphics, buttons, images, data compilations, software, HTML code, artwork, text, video clips, audio clips, trademarks, service marks, logos, slogans, trade names, trade dress and other content provided on, in or through the Apploi Services (collectively, ” Apploi Content”) are owned by Apploi, or our affiliates, partners or licensors and protected under both United States and international copyright, trademark, patent and/or other laws.

Except as set forth in these Terms of Use, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Apploi Content may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited. You agree to not copy, modify, transmit, create any derivative works from, make use of, frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of Apploi or, if such property is not owned by Apploi, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Any unauthorized use of the Website automatically terminates your permission to use our Website or the Apploi Services.

  1. COMMUNICATIONS & OTHER CONTENT

The Apploi Services, may include or provide you with the ability to access content provided by Employers or other third parties related to their job postings and respective products and services, and to view content provided by other Employers and third parties. Apploi facilitates the dissemination of this content for your information and convenience independently from the Employers and third parties. Apploi is not affiliated with or sponsored by the Employers or third parties providing content. In addition, the trademarks / logos displayed on Apploi website associated with Employers are owned by such Employers or their related / affiliated companies.

We attempt to provide accurate descriptions of the Content. However, we do not warrant that any descriptions of the Content are accurate, complete, reliable, current, or error-free. If the Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.

As a User you are solely responsible for the content and information that you provide, post, upload, publish, link, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Service or transmit to Employers or other third-parties, including emails, videos (including streaming videos), photographs, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”).

  1. CREATING AN ACCOUNT

As a User you may be required to create an account by registering with us or using third-party sign on services (“Account”) to use certain features of the Apploi Services. If you use a third-party sign on service, you expressly authorize Apploi to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of Apploi Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate and that you will not create more than one Account. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason.

When you register an Account, you will select an email address/username and password to be used to access your Account. You are responsible for maintaining the confidentiality of your Account, username and password and for restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account, username and/or password.

By creating an Account, you agree that Apploi and/or the Employers who you have selected or authorized may contact you using the email address that you provide when activating your Account. You may also opt-in to receive other information from Apploi or such Employers via any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. The frequency of messages that Apploi or such Employers send to you will depend on your transactions with Apploi and or such Employers. By agreeing to receive communications from Apploi and Employers, you understand and agree that Apploi and such Employers may use any automated system to deliver messages to you. Apploi and such Employers are not liable for any delays in the receipt of any messages as delivery is subject to effective transmission from a mobile service provider. Messaging is provided on an “as is” basis and may not be available in all areas at all times.

You agree that Apploi may share your Account information with Employers for the purposes of providing Apploi Services.

Apploi reserves the right to refuse service, terminate accounts, remove or edit the Content in its sole discretion.

            Apploi Profile

The Services may allow you to submit certain types of content to or via the Services (“User Content”). You acknowledge and agree that Apploi does not guarantee any confidentiality with respect to any User Content you submit. You shall retain all ownership rights to and shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to create and publish any User Content you submit. You may not and covenant that you shall not submit any User Content that (i) violates or infringes the right of privacy, right of publicity, copyright, trademark or other intellectual property rights of a third party; or (ii) does not comply with any applicable local, national and international laws, including but not limited to laws relating to labor, employment, equal employment opportunity, discrimination and employment eligibility requirements, data privacy, and data access and use. Apploi reserves the right, in its sole discretion, to remove or edit any User Content and expressly disclaims any liability for removing or failing to remove any User Content for any reason.

You acknowledge and agree that User Content may be utilized by Apploi in various ways over which Apploi does not have any control and you expressly release Apploi from any claims with respect to any use of User Content by any third parties.

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and are a material breach of these Terms. By way of example and not limitation, you agree that you will not:

(1) aggregate, copy, duplicate, publish or make available the Content of others to third parties outside the Apploi Services in any manner;

(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;

(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, fraudulent, misleading, infringing, obscene, indecent or unlawful topic, name, material, content or information;

(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;

(5) upload or transmit files that knowingly contain viruses, mal-ware, time bombs, trojan horses, cancelbots, worms or other harmful, disruptive codes, devices disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(6) use Apploi Services to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;

(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or

(8) engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

By posting Content you represent and warrant that:

(1) You own or otherwise control all of the rights to your Content, including without limitation all copyrights and trademarks;

(2) Your Content does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, literary, trade secret, privacy, publicity, proprietary or other right;

(4) Your Content does not contain information that identifies any person unless you have such person’s express prior written consent;

(5) Your Content does not make unsubstantiated claims about any third party or its products or services or contain any slanderous, defamatory, obscene, pornographic, threatening, false, misleading, and harassing comments or other content; and

(6) Your Content complies with applicable laws, rules and regulations.

Your Apploi profile is private by default until you apply to an employer.

  1. Third-Parties

Apploi Services may contain links to third-party websites or other online locations, and features (collectively, “Linked Services”). Linked Services are not under the control of Apploi and Apploi is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. You acknowledge and agree that Apploi is not responsible for the availability of such Linked Services or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your interactions with these Linked Services are governed by the privacy policy and terms of use of the company providing the Linked Service. You should carefully review the terms and conditions and privacy policies relating to the Linked Services. The inclusion of a link does not imply endorsement by Apploi of the Linked Service or any association with the operators of the Linked Service. Apploi does not investigate, verify or monitor the Linked Services. Apploi provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

COMMUNICATIONS BETWEEN USERS AND EMPLOYERS MAY CONTAIN LINKS, ATTACHMENTS, URLS, EXECUTABLE CODE, OR OTHER FILES (THE “ATTACHMENTS”). APPLOI MAKES NO REPRESENTATIONS OR WARRANTIES THAT ATTACHMENTS ARE FREE FROM VIRUSES, MALWARE, WORMS, TROJAN HORSES, SPYWARE, TIME BOMBS, CANCELBOTS, OR OTHER HARMFUL, MALICIOUS OR INVASIVE SOFTWARE, AND OPENING OR ACCESSING THE ATTACHMENTS IS DONE AT YOUR OWN RISK.

  1. Notice and Procedures for Making Claims of Copyright Infringement or Intellectual Property Infringement

Apploi Corp. respects the intellectual property of others. We may, in our sole discretion, disable and/or terminate use by User’s and Employers who infringe the intellectual property of others. Subject to the provisions of these Terms of Use, our Website and the Content are owned by or licensed to Apploi Corp., subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Apploi reserves all rights to the Content. All product, brand and company names and logos used on our Website are the trademarks or registered trademarks (including, but not limited to a trademark “Apploi Corp.”) of their respective owners. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Any use of any of the marks appearing on the Website, whether or not owned and/or operated by Apploi Corp. (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. You may not use metatags or any other “hidden text” utilizing “Apploi Corp.” or any other name, trademark, service mark or product or service name of Apploi without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, copyright, and/or trade dress of Apploi and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Apploi.

  1. Copyright Policy and Complaints

If you believe that any material on the Apploi Website or any use of the Apploi Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated,

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);

(4) your name, address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Send the notification to us as follows:

Apploi Corp.

253 West 35 Street

New York, NY 10001

United States of America

Email: [email protected]

Our DMCA Agent will only respond to notices and inquiries that comply with the above listed requirements. Please see www.copyright.gov for more information.

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Apploi Corp. or any third party.

  1. Disclaimer of Warranties and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED ABOVE, APPLOI SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APPLOI SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF APPLOI SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR AVAILABILITY OF APPLOI SERVICES OR ANY CONTENT AVAILABLE THROUGH APPLOI SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.

APPLOI DOES NOT MAKE ANY REPRESENTATION OR GUARANTEE, THAT USE OF THE APPLOI SERVICES BY A USER WILL RESULT IN ANY FUTURE EMPLOYMENT OR ANY AGREEMENT BETWEEN USER’S AND EMPLOYERS. APPLOI ACTS SOLELY TO FACILITATE THE EXCHANGE OF INFORMATION BETWEEN USER’S AND EMPLOYERS, AND ALL EMPLOYMENT DECISIONS ARE MADE EXCLUSIVELY BY EMPLOYERS. YOU UNDERSTAND THAT APPLOI MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING ANY EMPLOYMENT OPPORTUNITIES THAT MAY ULTIMATELY ARISE BETWEEN USER’S AND EMPLOYERS THAT ARE INTRODUCED OR PRESENTED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT WILL APPLOI, OR ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY (a) DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS, ACCESS TO OR USE OF THE APPLOI SERVICES OR SUBMISSIONS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF APPLOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF APPLOI SERVICES AND TERMINATE THESE TERMS. THESE LIMITED REMEDIES SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THEIR ESSENTIAL PURPOSE. YOU AGREE OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY SHALL BE THE LESSER OF THE AMOUNT PAID BY YOU TO APPLOI OR TWO HUNDRED DOLLARS ($200.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF APPLOI CORP. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.  

YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT APPLOI WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

  1. Indemnity

You agree to indemnify, defend and hold Apploi and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the “Apploi Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Apploi Party as a result of or in connection with (a) your use of or reliance on Apploi Services or any of its content; (b) any content or materials posted on or submitted with Apploi Services by you or third parties; (c) any violation of these Terms, the Privacy Policy, any applicable laws, or our rights or those of a third party; and (d) any activity related to your Account or any person accessing the Apploi Services using your Account.

Apploi Corp. reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Apploi’s defense of such claim. Apploi may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

  1. Disputes and Applicable Law

These terms shall be governed by, and will be construed under, the laws of the state of New York, United States of America, without regard to choice of law principles. You agree that any dispute which may arise out of, under, or in connection with your use of the Apploi Services shall be submitted to binding arbitration in New York, NY administered by the American Arbitration Association in accordance with its then current rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. Apploi will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to Apploi by email at [email protected] However, to the extent you have violated or threatened to violate Apploi’s intellectual property rights or the intellectual property rights of Apploi’s affiliates, partners or licensors, Apploi may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. You agree that no claim arising out of these terms of use or your use of the Apploi Service may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise.

By using the Apploi Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Apploi. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against Apploi (except for small-claims court actions) may be commenced only in the federal or state courts located in New York City, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

  1. Changes and Severability

Apploi reserves the right to make changes to the Website, Apploi’s policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Communication with Apploi

You may contact Apploi at:

Apploi Corp.

253 West 35 Street

New York, NY 10001

United States of America

You agree to receive communications from Apploi electronically regarding your account, these Term of Use and the Website, and such communications sent from Apploi shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.

  1. SPECIAL STATE TERMS

Pursuant to California civil code section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, and address of the provider of this service is:

Apploi Corp.

Attn: Privacy Officer

253 West 35 Street

New York, NY 10001

United States of America

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see http://www.dca.ca.gov/ for additional information.

  1. Miscellaneous

(a) You acknowledge and agree that these Terms, which include Apploi’s privacy policy and other terms and rules referenced herein, constitute the complete and exclusive agreement between Apploi and you concerning your use of Apploi Services, and supersede and govern all prior proposals, agreements, or other communications.

(b) Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between Apploi and you.

(c) Apploi’s failure to require your performance of any provision hereof shall not affect Apploi’s full right to require such performance at any time thereafter, nor shall Apploi’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

(d) In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

(e) These Terms inure to the benefit of and will be binding upon Apploi’s and your successors and assigns, respectively.

(f) These Terms may be assigned by Apploi but you may not assign them without the prior express written consent of Apploi.

(g) Headings and captions are for convenience only.

QUESTIONS?

If you have any questions about these Terms of Use or the Apploi Services, please contact us at [email protected]

You can also write to us at:

253 West 35 Street

New York, NY 10001

United States of America