Terms of Service

This (the "Terms") is an agreement between AJ Foster, LLC (the "Provider"), and you (the "Subscriber", "user", "sub-user", "you" or "your"), governing the use of Apprise and its related databases and files (the "Service") as hosted on the web by the Provider.

Subject to these Terms, and the Privacy Policy located at https://apprise.aj-foster.com/privacy/, the Provider will host the Service on the web for an unspecified period of time. This hosting will include:

1. Limitations of These Terms

1.1. You agree that your purchase and use of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by the Provider or any of its affiliates regarding future functionality or features.

1.2. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you, subject to the provisions of Section 12 of these Terms. Examples of changes to the form and nature of the Service include without limitation security patches, added functionality, and other enhancements.

1.3. You agree that these Terms make no guarantee concerning the availability of, or fees associated with, use of the Service.

2. Acceptable Use

2.1. By using the Service, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Service. The Provider may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

2.2. You agree not to:

  1. access (or attempt to access) the Service by any means other than through the interface that is provided by the Provider in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with the Provider;
  2. engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service);
  3. take any action that imposes or may impose (as determined by the Provider in its sole discretion) an unreasonable or disproportionately large load on the Provider’s (or its third party providers') infrastructure;
  4. bypass, circumvent or attempt to bypass or circumvent any measures the Provider may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Services); or
  5. otherwise take any action in violation of these Terms.

2.3. The enumeration of violations in this Section 2 of these Terms is not meant to be exclusive, and the Provider gives notice hereby that it has and may exercise its authority to take whatever action is necessary to protect the Service, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 2 of these Terms.

2.4. You agree to notify all persons (including without limitation sub-users) who receive access to the Service of the provisions of these Terms, and shall inform them that the terms of these Terms are binding upon them. In the event that you become aware of any violation of these Terms by a sub-user, you shall immediately terminate such user's account. The Provider reserves the right to disable accounts in response to a violation or suspected violation of these Terms.

3. Software

3.1. You understand that functionality provided by Apprise is available for use apart from these Terms and under its own license. Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with the Provider for the use of the components of the Service released under an open source license.

3.2. You understand that the Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4. Data and Content

4.1. All data added, created, uploaded, submitted, distributed, or posted to the Service by you and your sub-users (collectively "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by the Provider in its sole discretion.

4.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export or disclosure of data. You agree that the Provider has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. The Provider reserves the right (but shall have no obligation) to remove any or all Content from the Service. You agree to immediately take down any Content that violates these Terms.

4.3. The Provider acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the Provider, you agree that you are responsible for protecting and enforcing those rights and that the Provider has no obligation to do so on your behalf.

4.4. The Provider reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of itself, its users, and the public.

4.5. You are solely responsible for the exporting and preservation of all Content. Even with respect to data covered by backup services provided by the Provider, to the extent permitted by applicable law, the Provider shall have no responsibility to preserve data. The Provider shall have no liability for any data that may be lost, or unrecoverable, by reason of the Subscriber's failure to back up its data or for any other reason.

5. Security

5.1. You are responsible for the security of your passwords and for any activity that occurs on your account, regardless of whether the activities are undertaken by you, your employees, or a third party (including your contractors or agents). If you become aware of any loss, theft or disclosure of your password, or any unauthorized use of your account, you agree to notify the Provider immediately. The Provider will not be liable for any loss or damage as a result of your failure to provide it with accurate information or to keep your accounts secure.

5.2. As described in the Section 1 of these Terms, the Provider may periodically apply security patches to the Service, its software, and the hardware and software infrastructure underlying it. While the Provider wishes to maintain security of the Service, it is not liable for issues arising from failure to secure the Service, as described in Section 10 of these Terms. You agree to inform the Provider of any security breaches, and assist in any investigation or legal action that is taken by authorities and/or the Provider to cure the security breach.

6. Termination

6.1. You may terminate these Terms at any time by contacting the Provider. You agree that you will not receive any refund if you terminate these Terms.

6.2. You also agree that the Provider may terminate the Service or these Terms at its sole discretion and for any or no reason. You agree that any termination of your access to the Service may be without prior notice, and you agree that the Provider will not be liable to you or any third party for such termination.

6.3. Upon termination, any and all rights granted to you by these Terms will immediately be terminated, and you shall promptly discontinue all use of the Service. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disputes

7.1. Mindful of the high cost of litigation, you and the Provider agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (a) the Service; (b) these Terms; (c) the breach, enforcement, interpretation, or validity of these Terms; or (d) any other dispute between you and the Provider ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and the Provider agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

7.2. In the interest of resolving disputes between you and the Provider in the most expedient and cost effective manner, you and the Provider agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and the Provider are each waiving the right to a trial by jury or to participate in a class action.

8. Warranty

8.1. You understand and agree that your use of the Service, including any information or content stored or delivered as part of the Service, is at your sole risk and that the Service is provided "as is" and "as available" without any warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, noninterference with data, availability, accuracy, that you will have continuous, uninterrupted, or secure access to the Service or that the Service is error free, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Provider, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the services will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the services is free of viruses or other harmful components; or (d) the results of using the services will meet your requirements.

8.2. The Service may contain information provided by one or more third party data providers. The Provider does not control and is not responsible for the information provided by any such third party provider. You acknowledge and agree that information you request may not be available or may not be provided, and the Provider has no liability for such failure.

9. Publicity and Confidentiality

9.1. You agree that the Provider, in its sole discretion, may use your trade names, domain names, and other distinctive brand features in customer lists, presentations, marketing materials, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service. You are permitted to state publicly that you are a Subscriber of the Service, provided it does not portray the Provider and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner.

9.2. You agree to keep confidential any confidential information to which you are given access, and to cooperate with the Provider’s efforts to maintain the confidentiality thereof. This information shall include, but not be limited to, the provisions of these Terms, product and services information, and pricing.

10. Limitation of Liability

10.1. You understand and agree that the Provider, its affiliates, licensors, suppliers, partners, and any related companies, and each of their respective officers, agents, employees, advertisers, contractors, suppliers, and representatives shall not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages of any kind (even if the Provider had been advised or should have known of the possibility of such damages). This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, any unauthorized access to or alteration of your transmissions or data, cost of procurement of substitute goods or services, or other intangible loss. You acknowledge that the Fee paid reflects the allocation of risk set forth in this agreement and that the Provider would not enter this agreement without these limitations. You hereby waive any and all claims against the Provider arising out of your purchase or use of the service, or any conduct of its directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the Service or any other grievance shall be your termination and discontinuation of access to or use of the Service.

10.2. To the extent permitted by applicable law, you release the Provider from all liability for you having acquired or not acquired Content through the services. The Provider makes no representations concerning any content contained in or accessed through the Service, and the Provider will not be responsible or liable for the accuracy, copyright compliance, or legality of Content contained in or accessed through the Service.

10.3. Neither you nor the Provider shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.

10.4. Some jurisdictions limit or prohibit the foregoing limitations, and in such jurisdictions the foregoing limitations shall be applied to the maximum extent permitted by law.

11. Indemnification

11.1. You agree to defend, indemnify, and hold harmless the Provider, its affiliates, licensors, suppliers, partners, and any related companies, and each of their respective officers, agents, employees, advertisers, contractors, suppliers, and representatives from and against all liabilities, claims, and expenses of any kind and nature (including consequential or exemplary damages, litigation costs, and reasonable attorneys’ fees) that arise from or relate to your (or any third party using your account or identity in the Service) (a) use or misuse of, or access to, the Service, (b) breach of these Terms, (c) violation of applicable laws, rules, or regulations, (d) content created or stored as a result of your use of the Service, or (e) unauthorized access to or alteration of your transmissions or data. The Provider reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with it in asserting any available defenses.

12. General Terms

12.1. You agree that the failure of you or the Provider to exercise or enforce any right or provision of these Terms (or which you or the Provider has the benefit of under any applicable law) does not constitute a waiver of such right or provision. In order for any waiver of compliance with these Terms to be binding, the Provider must provide you with notice of such waiver through one of its authorized representatives.

12.2. These Terms constitute the entire agreement between you and the Provider and govern your use of the Service (excluding any services which the Provider may provide under a separate written agreement) and supersede any prior or contemporaneous agreement between the parties relating to the Service.

12.3. Nothing in these terms shall exclude or limit the Provider’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Furthermore, nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.

12.4. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership, joint venture, or employment relationship. Neither party has any authority of any kind to bind the other in any respect.

12.5. The section headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. You agree that these Terms and your use of the Service are governed under Florida law.

12.6. Neither you nor the Provider may assign, transfer or sublicense any of its rights or obligations under these Terms without prior written consent of the other party (not to be unreasonably withheld). A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Service upon written notice to the assigning party.

12.7. The Provider reserves the right, at any time and from time to time, to amend or to modify the Privacy Policy without prior notice to you, provided that if any such alterations constitute a material change to the policy, the Provider will notify you of the changes. Amendments and modifications shall take effect immediately upon notification. By continuing to access or use the Service after any such amendments or modifications, you agree to be bound by such amended or modified policy. If you do not agree to any change to the Privacy Policy, then you must immediately stop using the Service.

12.8. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.