Terms Of Use
ANY PERSON OR ENTITY ("User") ACCESSING THE APPCENTRI.COM WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS APPCENTRI.COM WEB SITE TERMS OF USE ("Agreement"):
This Agreement is a legal agreement between the User and APPCENTRI for the APPCENTRI Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
APPCENTRI alone reserves the right to modify, add or remove portions of these Terms of Use at its sole discretion and at any time. As a user of the Site, it is your responsibility to check these Terms of Use for changes periodically. Your continued use of the Site following the posting of any such changes will mean that you unconditionally accept and agree to the aforementioned changes. For as long as you comply with these Terms of Use, APPCENTRI grants you a non-exclusive, personal, non-transferable, limited privilege to enter and use the Site.
Accounts, Passwords and Security
Certain features and/or services offered on or through the Site may require you to register (including setting up a APPCENTRI user account). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. By using the Site you agree to notify APPCENTRI immediately of any unauthorized use of your account or password, or any other breach of security.
You may be held liable for losses incurred by APPCENTRI or any other user of or visitor to the Site due to someone else using your APPCENTRI password or account.
You may not use anyone else’s APPCENTRI password or account at any time without the express permission and consent of the holder of that APPCENTRI password or account. APPCENTRI can not and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Content
All trademarks, computer code, text, logos, graphics, user interfaces, visual interfaces, photographs and artwork (collectively, "Content"), including but not limited to the structure, design, selection, coordination, expression, "look and feel" and arrangement of all Content contained on the Site is owned, controlled or licensed by or to APPCENTRI, and is protected by copyright, patent laws, trademark laws, and many other intellectual property rights and unfair competition laws.
No part of the Site nor any Content may be copied, reproduced in any way, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for any form of publication or distribution or for any commercial enterprise whatsoever, without APPCENTRI’s express prior written permission except as expressly provided in these Terms of Use.
You may use any information on APPCENTRI services purposely made available by APPCENTRI for downloading from the Site, provided that you:
- Do not remove any proprietary notice language in any and/or all copies of such documents,
- Use such information only for your own personal, non-commercial purpose and do not copy or in any way display such information on any networked computer or broadcast it in any media or in any form,
- Make no modifications to any such information, and
- Do not make any additional or supplementary representations or warranties relating to the content of the Site.
For more information on APPCENTRI’s Copyrights and Permissions, click here.
Disclaimers
APPCENTRI does not promise or otherwise guarantee that the site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered strictly on an "as-is" and "as-available" basis. All information provided on the Site is subject to change without notice. APPCENTRI cannot ensure that any of the files or any other data you download from the Site will be free of viruses or other contamination or any other destructive features. APPCENTRI disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. APPCENTRI disclaims any and all liability for the acts, omissions and the conduct of any third parties in connection with or related to your use of the Site and/or any APPCENTRI services. You assume complete responsibility for your use of the Site and any linked sites therein. Your sole remedy against APPCENTRI for dissatisfaction with the site or any content is to stop using the site or any such content at once. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or other perceived injuries caused by any kind of failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, similar or otherwise.
APPCENTRI reserves the right to do any of the following, at any time it deems appropriate, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason it deems appropriate; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Feedback and Information
Any feedback or communication you provide at this site shall be deemed to be non-confidential. APPCENTRI shall be free to use such information on an unrestricted basis.
Governing Law; Dispute Resolution
You agree that all matters relating to access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nebraskas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and you waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event that any controversy or dispute between APPCENTRI and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Indemnity
You agree to indemnify and hold APPCENTRI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against APPCENTRI by any third party due to or arising out of or in connection with your use of the Site.
Links to Other Sites
This Site may contain links to various other, independent, third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors and said Linked Sites are not under APPCENTRI’s control. APPCENTRI is not responsible for, nor does it endorse the content of any such Linked Sites, including any information or materials contained on or within such Linked Sites. It is entirely up to you to make your own independent judgment regarding your interaction with the aforementioned Linked Sites.
No Warranties/Limitation of Liability
THE APPCENTRIL, LLC WEBSITE(S) AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT, NEITHER APPCENTRI, LLC NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING APPCENTRI, LLC WEBSITE(S) MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. APPCENTRI, LLC, AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OR INABILITY TO USE THE WEBSITE(S) OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF; (II) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (III) APPCENTRI, LLC'S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR (IV) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH APPCENTRI, LLC WEBSITE(S). IN NO EVENT WILL APPCENTRI, LLC, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
All users therefore agree that all access and use of APPCENTRI website(s) is at the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of APPCENTRI shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the website(s). Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.
APPCENTRI , and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that APPCENTRI accepts no responsibility for security of information transmitted over the Internet.
Without limiting any of the foregoing, if APPCENTRI, or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, APPCENTRI's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to APPCENTRI for the specific Service or product giving rise to such liability.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and APPCENTRI with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and APPCENTRI with respect to such use are hereby superseded and cancelled. APPCENTRI will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. APPCENTRI’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by APPCENTRI of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between APPCENTRI and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Privacy Policy
To view APPCENTRI’s Privacy Policy, click here.
APPCENTRI’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you agree that Internet transmissions are never completely private or secure and that APPCENTRI cannot and will not be held accountable for the aforementioned potential lack of Internet transmission security. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is via a secure server.
Purchases; Terms and Conditions
APPCENTRI accounts are available for use and can be accessed if and only if payment in advance is received. Unless otherwise agreed in writing by APPCENTRI, billing will be on a yearly basis and charged to the credit card furnished for that purpose. The actual amount billed will be based on the Unfuddle plan originally selected by the customer.
Additional terms and conditions may apply to purchases of goods or services and to specific sections or features of the Site, including all contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this very reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of the required legal age to use or participate in said service or feature. If there is any conflict between these Terms of Use and the terms posted for, or applicable to, a specific portion of the Site or for any service offered on or through the Site, the latter terms shall have control with respect to your use of that portion of the Site or that specific service.
APPCENTRI may make changes to any services or any products offered on the Site, or to the applicable prices for any services or any products, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and APPCENTRI makes no commitment to update the materials on the Site with respect to the aforementioned products and services.
APPCENTRI’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Cancel Subscription
You may cancel your APPCENTRI subscription at any time. Cancellations are effective only at the end of the yearly billing cycle during which termination is given. No refunds will be made for sums previously paid – regardless of the timing of the cancellation. All account cancellations are immediate. You are solely responsible to download, copy or otherwise preserve your information stored on the Website before terminating your APPCENTRI account.
Submit a Scholarship
All information submitted to APPCENTRI is at the risk of the scholarship provider. APPCENTRI is not responsible for the accuracy of the information provided nor for any other aspect such as timeliness or response generated. All response to a scholarship generated as a result of inclusion in the APPCENTRI database will be the sole responsibility of the provider of the scholarship. APPCENTRI reserves the right to do any of the following, at any time it deems appropriate, without notice: (1) to modify, suspend or terminate any scholarship listing or access to APPCENTRI, or any portion of APPCENTRI, for any reason it deems appropriate; (2) to modify, change or terminate any scholarship listing within the APPCENTRI scholarship database, along with any policies or terms applicable to said scholarship listing.
Use of the Site
You are not, under any circumstance, to use any "deep-link", "page-scrape", "robot", "spider" or any other such automatic device, program, algorithm or methodology, or any similar manual or automated process, to copy, access or monitor or otherwise acquire any portion of the Site or any Content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content therein, to obtain or attempt to obtain any materials, documents or any other such information through any means not purposely made available through the Site. APPCENTRI reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Site or any network that is connected to the Site, nor may you breach the security or authentication measures that are in place on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of and/or visitor to the Site, or any other customer of APPCENTRI, including any APPCENTRI account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not attempt to gain unauthorized access to any portion nor any feature of the Site, nor may you attempt to view or access any other systems or networks connected to the Site nor may you attempt to gain access to any APPCENTRI server, nor to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
By using the Site, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on the servers or any part of the infrastructure of the Site or APPCENTRI’s systems or networks, or any other systems or networks connected to the Site or to APPCENTRI.
You agree not to use any device, routine or software to interfere or attempt to interfere with the proper and efficient working of the Site or any transaction being conducted on the Site, or with any person’s use of the Site.
You may not use the Site or any Content therein for any purpose that is unlawful or in any way prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of APPCENTRI or others.
You may not forge headers or otherwise disguise or manipulate identifiers in order to hide the origin of any message or transmittal you send to APPCENTRI on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Violation of Terms of Use
APPCENTRI may disclose any information we have about you (including your identity) if we have determined that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) APPCENTRI’s rights or property, or the rights or property of visitors to or users of the Site, including APPCENTRI’s customers. APPCENTRI reserves the right at all times to disclose any information that APPCENTRI deems necessary to comply with any applicable law, regulation, legal process or governmental request. APPCENTRI also may disclose your information if and when it has been determined that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that APPCENTRI may preserve transmittal or communication by you with APPCENTRI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or APPCENTRI determines that such preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce these Terms of Use
- Respond to claims that any such data violates the rights of others, or
- Protect the rights, property or personal safety of APPCENTRI, its employees, users of or visitors to the Site, and the public.
If APPCENTRI takes any legal action against you as a result of your violation of these Terms of Use, APPCENTRI will be entitled to recover from you, and you will agree to pay, all reasonable attorneys’ fees and costs of any such action, in addition to any other relief granted to APPCENTRI. You agree that APPCENTRI will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. APPCENTRI reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so by your own initiative and you are solely responsible for complying with applicable local laws.