APPROBOTIC
TERMS OF USE
This Terms of Use Agreement (the “Agreement”), effective as of September 24, 2019 states the terms and conditions that govern the contractual agreement between AppRobotic LLC, (the “Company”) and you (the “User”) who agrees to be bound by this Agreement in regard to the User’s access to www.approbotic.com (the “Site”), which is owned and operated by the Company.
1. APPROBOTIC.COM. Through the Site, the Company offers its Users certain software products subject to the terms of an End User License Agreement. The User may browse such offerings through the Site (the “Service”) and view certain content provided by the Company (the “Content”). The User hereby acknowledges and agrees that the Content and the Service are exclusive property of the Company and the Company may offer access to such Content and the Service in any way it sees fit. By logging onto the Site, accessing the Content, and/or using the Service, the User agrees to these Terms of Use and associated Privacy Policy located elsewhere on the Site. However, in order to utilize the software offerings on the Site, the User may have to adhere to additional agreements as appropriate depending on the service and/or software provided. This Agreement is hereby incorporated by reference into any End User License Agreement or other agreement agreed to by the Company and the User.
2. ELIGIBILITY/GENERAL RESTRICTIONS. The User’s limited license to access and make personal use of the Site is contingent on the following:
2.1. The User must be at least 18 years of age;
2.2. The User must provide information (personal and otherwise) that is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the Company of any such change within a reasonable amount of time;
2.3. The User shall not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. The User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site;
2.4. Except as otherwise expressly authorized, the User shall not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Content or the Services for any commercial purpose without express written consent of the Company;
2.5. The User shall not use any of the Content or the Services for any unlawful or harmful purposes; and
2.6. Any unauthorized use automatically terminates the permission or license granted by the Company.
3. MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be the User’s only notification of any such change. Any use of the Site or the Service by the User after such notification shall constitute the User’s acceptance of the modified or amended terms. No modification to this Agreement made by the User shall be binding upon the Company.
4. INTELLECTUAL PROPERTY. The Site holds the Content, which is the property of the Company or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the User and the user may not utilize such Content by any manner aside from viewing such Content according to the license granted herein. Prohibited uses of such content without the written consent of the Company include (but are not limited to):
4.1. Removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms;
4.2. Copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, uploading, publishing, modifying, translating, broadcasting, performing, displaying, selling, transmitting or retransmitting the Content; and
4.3. Creating, recreating, distributing or advertising an index of any significant portion of the Content.
5. DMCA PROCEDURE FOR ALLEGEDLY INFRINGING CONTENT. To notify the Company of any copyright-infringing content, please contact us at legal {at} approbotic.com with the following information in accordance with the Digital Millennium Copyright Act:
• Identification of the allegedly copyright-infringing material
• Identifying of the allegedly infringed-upon work and the copyright-holder of said work
• Information reasonably sufficient for Company to contact you
• A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Your physical or electronic signature
Our designated Copyright Agent to receive DMCA Notices is:
AppRobotic LLC
5237 SUMMERLIN COMMONS
SUITE 400
FORT MYERS, FL 33907
(305) 600-1786
legal {at} approbotic.com
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA including your physical or electronic signature, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
6. USER-GENERATED CONTENT. The User may have the opportunity to post a variety of content through the Site’s forums without the Company’s approval (the “User Posts”). The User agrees:
6.1. No User Posts shall contain any content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of the Company); (v) may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
6.2. Through User Posts, the User shall refrain from: (i) impersonating any person or entity; (ii) harassing any other Users of the Site; or (iii) stating or implying that anything contained in any User Post is endorsed by the Company;
6.3. By submitting User Posts to the Site, the User acknowledges that this Agreement applies to the User Posts and grants to the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content within any User Post throughout the world in any media. The User represents and warrants that the User owns or otherwise controls all of the rights to the User Posts and that the content contained therein is accurate.
6.4. The Company reserves the right, but is under no obligation to monitor and delete any User Posts made in its sole and absolute discretion.
7. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE CONTENT, ANY SERVICE OFFERED BY THE COMPANY, ANY USER POST MADE ON THE SITE; OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
8. DISCLAIMER OF WARRANTIES. THIS SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS SITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. INDEMNIFICATION. The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees, owners, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the User’s use of the Site, the Content, or any Service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Site or any Service offered to the User by the Company; or (iv) any negligent or willful misconduct by the User; or (v) violation of any third party’s rights (including intellectual property rights) through the User’s use of the Site, the Content, or the Service.
10. THIRD PARTY LINKS. There are links on the Site that lead to third party websites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.
11. COMMUNICATIONS. The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
12. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
13. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in the User’s location. Furthermore, the Company may alter what Content is available to Users at any time in its sole discretion, including (but not limited to) removing certain Content from access at any time.
14. INTERNATIONAL USE. The Company does not represent that all content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for such Users’ compliance with local laws or other applicable laws. The User shall not access the foregoing where prohibited by law.
15. FORCE MAJEURE. In the event that the Company is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the Company or other causes beyond the Company’s reasonable control (a “Force Majeure Event”), Company shall be excused from its obligations for the period of the delay and for a reasonable time thereafter, and all Company obligations under this Agreement shall be immediately suspended.
16. JURISDICTION AND VENUE. This Agreement shall be construed with and governed by the substantive laws of the State of Florida. Should any claim or controversy arise between the Parties under the terms of this Agreement or in furtherance of this Agreement, such claim or controversy shall be resolved only in the state or federal courts located in Broward County, Florida, and said state and federal courts for the State of Florida shall be the only appropriate jurisdiction and venue therefore.
17. ARBITRATION. EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO THIS AGREMENT AND REPRESENTS THAT COUNSEL HAS BEEN CONSULTED SPECIFICALLY AS TO THIS WAIVER. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, however the Parties may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. The number of arbitrators shall be one (1). The place of arbitration shall be Broward County. Florida State law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.