Terms of Service
These Terms of Service (“Terms”) were last revised on March 18, 2013.
Appryse (the “Service”) is provided by Noledgy LLC (“ Company”, “us”, or “we”) at its website located at www.appryse.com. The Service is a communication, information gathering, and contracting platform used by both organizational users (such as schools, sports clubs, and similar organizations) and by the individual members and potential members of those organizations. For example, the Service allows users to communicate and contract with each other. These Terms govern your use of the Service whether you are an organizational user or a member user.
THESE TERMS INCLUDE IMPORTANT WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS.
The Noledgy Privacy Policy is found at www.appryse.com.
1. Requirements and Accounts.
You may not use the Service unless you are at least 18 years of age. You acknowledge that you have read and understood, and that you agree to be bound by, these Terms. If you are using the Service on behalf of an organization, you also bind such organization to these Terms. If you do not agree to, or cannot comply with, these Terms, please do not attempt to access or use the Service.
In order to use the Service, you may be required to register and provide certain account information, including, for example, a member or username, a password, and a valid email address. You will provide accurate account information and to update such information as necessary to keep it accurate. You agree to notify us immediately of any unauthorized use of your account information or account. We are not responsible for any losses arising out of the unauthorized use of your account information or account.
2. Privacy
The Noledgy Privacy Policy is found at www.appryse.com and you acknowledge its terms.
3. Use and Restrictions
You will maintain the confidentiality of any password issued by Company and restrict access to your computer so that others may not access any password-protected portion of the Service using your name, user name, or password in whole or in part. You will accept responsibility for all activities that occur under your account or password. You will monitor your Service account(s) to prevent use by minors.
You will not: (a) use the Service except in compliance with all applicable laws and regulations and not for any illegal purpose; (b) sell, transfer, sublicense, rent, lease, trade, gift, assign or otherwise transfer any Service account; (c) use your Service account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages; (d) use any software, bots, hacks, mods or any unauthorized software to modify, disable, or interfere with any web service or software, or to assist anyone to do so; (e) decompile, reverse engineer, or otherwise attempt to discover the source code of any part of the Service, downloadable software, or other technology used to deliver the Service; (f) disrupt, overburden, or aid or assist in the disruption or overburdening of, any computer or server used to offer or support the Service; (g) upload to the Service any information that is illegal, untrue, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; (h) upload to the Service any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; (i) harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, or group, including Company employees; (j) make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; or (k) use the Service to solicit or collect personal data, including telephone numbers, addresses, last names, email addresses, or any other kind of information about users through such means as spidering, screen scraping, database scraping, harvesting, or any other automatic means of accessing, logging-in, or registering on a site.
4. User Content
“User Content” means any communication, text, document, image, sound, video, and all other material, data, and information uploaded or transmitted by a user through the Service.
Except as expressly agreed by Company, you are solely responsible for your User Content and the consequences of your uploading or transmitting it through the Service. You acknowledge that Company has no control over the contents of your User Content. You acknowledge that Company has no control over the way another party may use or disseminate the User Content that you make available to that party through the Service. Company is not responsible for policing the Service or for monitoring any User Content. If Company chooses at any time, in its sole discretion, to monitor User Content, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and may monitor and record your interaction with the Service or communications when you are using the Service. Company has no obligation under these Terms to destroy or return any User Content to you. Any such obligation must be agreed to by Company in a separate signed agreement or in its privacy policy.
You grant Company the perpetual, irrevocable, and sub-licensable right, under all of your copyrights, to copy, modify, distribute, display and perform all of your User Content. Such rights are granted only for the purpose of Company providing the Service.
You agree that your upload or other delivery of User Content will: (a) not violate any applicable law, contractual restriction, or third party right, and that you have necessary permissions and consents from any party whose personal information, medical information, or intellectual property is included in the User Content that you upload or deliver; (b) be free of viruses, adware, spyware, worms and other malicious code.
5. Downloadable Software
Company may provide you with downloadable software necessary for your interoperation with the Service. For example, Company may make downloadable software available to you at its website or may use a third-party app store to distribute the software to you. Company hereby grants you a non-exclusive, non-sublicenseable, non-transferable license to install and use the downloadable software on the intended device or platform, solely in accordance with its documentation, and solely for purposes of accessing the Service.
6. Ownership
You acknowledge that the Service and all technologies underlying the Service are owned by Company and its licensors. All title and intellectual property rights in and to the Service are the property of the respective owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Except as expressly granted in these Terms or a separately executed agreement with you, Company does not grant any rights in the Service.
7.Disclaimers
NO WARRANTY IS PROVIDED IN THIS DOCUMENT. EXCEPT FOR ANY EXPRESS WARRANTIES OFFERED BY COMPANY (A) THE SERVICE AND DOWNLOADABLE SOFTWARE IS PROVIDED “AS-IS” AND ANY USE OF THE SERVICE AND DOWNLOADABLE SOFTWARE IS AT YOUR OWN RISK AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE OR DOWNLOADABLE SOFTWARE WILL BE FREE FROM LOSS, ERROR, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, OR HACKING, AND COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
You acknowledge that the Service may include communication tools (such as email and fax), functions, templates, and forms that a user may use when designing requests for information from other users, when designing permissions and other agreements to be obtained from other users, or when providing information to other users. For example, the Service may include template questionnaires and disclosures used when collecting and delivering the medical history of any individual. You acknowledge that Company makes no warranty as to such tools, functions, templates, or forms, including any warranty as to fitness, sufficiency, adequacy, or quality. You are responsible for information that you collect and deliver with the Service.
Unless otherwise expressly agreed by Company (for example, in an written agreement concerning your purchase of access rights valid for a stated period of time) Company may, without prior notice, modify, suspend, or discontinue the Service (including any content) or your use of the Service and whenever Company elects to modify, suspend, or discontinue the Service, it will not be liable to you or any third party.
8. Indemnification by You
You will defend, indemnify, and hold Company harmless against any loss, damages and expenses (including without limitation reasonable attorney’s fees) (a) incurred in connection with investigations, prosecutions, claims, suits, or proceedings made or brought against Company arising out of the User Content that you upload to or deliver through the Service, or the use of that content, including but not limited to allegations that upload or delivery of such content or use is negligent, incomplete, violates law or regulation, or infringes the privacy, intellectual property, or other similar rights of a third party; or (b) arising from your misuse of the Service or breach of these Terms.
9. Limitation of liability
IN NO EVENT WILL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE OR THE DOWNLOADABLE SOFTWARE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $5.
The limitations in this section apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential, or punitive damages. Accordingly, the limitations and exclusions in this section may not apply to you.
10. Copyright Infringement
Company will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, 17 USC 512(c)(2) (DMCA) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and making good-faith attempts to contact the user who posted the content at issue so that he or she may, when appropriate, make a counter-notification. Company’s Copyright Agent can be reached as follows:
By mail:
Copyright Agent
Noledgy, LLC
1484 Pollard Road
Suite 555
Los Gatos CA 95032
Fax: (888) 303-0550
Email: info@appryse.com
11. Termination
Unless otherwise agreed to by Company in a separately executed writing (for example, an agreement under which you purchase the right to access the Service during a stated period of time): (a) you may cancel any Service account at any time by following instructions on site hosting the service; and (b) Company may immediately terminate all or any of the Service, or your use of the Service, at any time, for any reason or no reason.
12. Suggestions, Ideas, and Feedback
You agree that Company has the unrestricted right, under all of your intellectual property rights, to incorporate into the Service or otherwise act upon any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you.
13. Update of these Terms
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we do this, we will indicate at the top of this page the date these Terms were last revised. Unless otherwise stated in a written agreement between Company and you (for example, a written agreement between Company and you governing use of a paid-for version of the Services during a stated period of time), your access or use of the Service on any particular day constitutes your agreement to these Terms as they exist on that day, so it is your responsibility to review these Terms when you use the Service. If you do not agree to these Terms, do not use the Service.
14. General
You are responsible for providing the hardware and software necessary to access and use the Service.
These Terms are governed by the laws of the State of California. Any claim, action, or dispute with Company or relating in any way to your use of the Service or downloadable software will be brought by you in the state or federal courts located in the State of California and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the County of Santa Clara (for actions in the state courts of California) or the Northern District of California (for actions in federal court).
We may notify you via postings on appryse.com or via email or any other means to the contact address you provide to us. All notices given by you or required from you under these Terms will be in writing and addressed to:
Noledgy, LLC
1484 Pollard Road
Suite 555
Los Gatos CA 95032