•AppExpress Terms of Service
Welcome to AppExpress. At AppExpress we provide a fast and easy self-publishing platform creating Apps for small businesses. By using the AppExpress.com web site and all services of Sayv Mobile, LLC d/b/a AppExpress (“AppExpress”) you are agreeing to be bound by the following Terms and Conditions set forth herein (“Terms of Service”). The Terms of Service may be updated at any time without notice. By continuing to use the Services after updates are posted, you accept this agreement as modified. You assume sole responsibility for reviewing the most recent Terms of Service as stated on this web page. Various provided Services may also have specific terms of service, rules or guidelines which are hereby incorporated into these general Terms of Service and to which you agree to be bound to use those Services. AppExpress reserves the right to deny access to this Web Site or any Services provided via this Web Site, to any one who violates the Terms of Service or who, in our judgment, interferes or infringes the rights of others.
PLEASE REVIEW THE TERMS OF SERVICE. THE TERMS OF SERVICE ARE A BINDING CONTRACT BETWEEN YOU AND APP EXPRESS. BY ACCESSING AND USING THIS WEB SITE, YOU AGREE TO BE BOUND BY EACH OF THE TERMS OF SERVICE AND ALL APPLICABLE LAWS AND REGULATIONS. BY USING THIS SITE AND/OR ITS SERVICES YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE WEB SITE AS YOU ARE NOT AUTHORIZED TO ACCESS OR UTILIZE FOR ANY PURPOSE.
Acceptance of Terms of Service.
By using this Web Site you voluntarily, explicitly and willfully agree to be bound by the Terms of Service. You represent that you are a human being (accounts registered by “bots” or other automated methods are not permitted) and of legal age to form a binding contract and have not been legally restrained from receiving the Web Site’s Services under the laws of the United States.
Registration and Privacy.
To obtain access to certain Services on this Web Site you may be given an opportunity to register. Should you register on this Web Site, you agree that you are at least 18 years of age and that the information you supply during the registration process is accurate and current information about yourself and that you will maintain the accuracy should the information provided change. You agree that you will not register under the name of nor attempt to enter the service under the name of another individual or entity. To complete the registration you must provide your legal full name, a valid email address and any other information requested in order to complete the signup process.
You understand and agree to provide consent so that AppExpress may access, archive, and disclose your registration information if required by law or in good faith belief that the disclosure is reasonably necessary to enforce the Terms of Service, to comply with a legal process, to respond that information violates third party-rights, or to protect the rights, property, or personal safety of this Web Site’s users and the public. Upon registering you will be provided with an account and password. You are responsible for preserving the privacy and confidentiality of this account and password and assume responsibility for the use of the Services and all activities that occur under your account. You agree to immediately notify AppExpress of any known or suspected unauthorized use on your account. AppExpress cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
User Responsibilities and Privileges.
You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used on this Web Site. You are entirely responsible for all information whether publicly posted or privately transmitted using the Services and assume all responsibility for any consequences thereof related to your actions using the Services. AppExpress does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. AppExpress under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:
- Harm children is any way;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter "Post") any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
- Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment;
- Post or transmit spam, "chain letters," "junk mail," promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
- Restrict or inhibit any other user from using and enjoying the use of the site and its Services;
- Collect or store personal data about other users;
- Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the Services, servers, or network infrastructure;
- Encourage, glorify or commit a criminal offense;
- Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever.
You agree that AppExpress may, given certain circumstances and without prior notification terminate all privileges. Cause for termination shall include, but not be limited to:
- User-initiated request;
- Extended periods of account inactivity;
- Repetitive returned emails from a therefore assumed inactive account;
- Unforeseeable technical difficulties or issues;
- Law enforcement requests
Registered users of AppExpress agree to maintain an active email account to receive communications from AppExpress regarding site updates, administrative messages, other registered user related messages, and announcements.
Payments and Refund Terms.
A valid credit card is required. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties. AppExpress will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances. AppExpress reserves the right to charge additional fees for optional premium services including but not limited to extra storage, excessive downloading, use of videos, domain purchases and ad removal. Should you purchase a premium service you agree to payment of all fees associated with that service. Premium Service Fees are non-refundable.
Cancellation and Termination.
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be considered valid. All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the then current month and you will not be charged again. AppExpress, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other AppExpress service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all content in your Account. AppExpress reserves the right to refuse service to anyone for any reason at anytime.
Modifications to the Service and Prices.
AppExpress reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. AppExpress shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, AppExpress may issue an update to the AppExpress application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although AppExpress will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Restrictions on Your Use and Intellectual Property Rights.
The Web Site, the Service, software and all the content, data and information on this site belong to AppExpress, its partners, affiliates, contributors or third parties (collectively “Third Party Providers”) and may be protected by U.S. and international copyright, trademark, intellectual property and other laws and belong to AppExpress and its Third Party Providers. You may not duplicate, copy, reuse, sell or modify the Material (including but not limited to content, design, software or coding) or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose whatsoever without the written permission of AppExpress. If you violate any of these terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
User Representation and Warranty.
Upon submission of material, you represent that you have the absolute and unrestricted right and authority to use any and all material including but not limited to; names, addresses, trademarks, copyrighted materials, trade names, service marks and grant AppExpress including our Third Party Providers, the absolute right and license to use, reuse, copy, reproduce, modify and distribute any of the material as we see fit in any medium for any purpose now known or hereafter developed, both during and after your use of the Services.
You understand that AppExpress uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to refrain from framing or in-line linking any of the content of this Web Site or incorporate into another website or other service and agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AppExpress.
Disclaimer and Web Site Warranties.
This Web Site and materials contained therein are provided on an “As Is” basis. AppExpress works hard to make this Web Site a useful portal but does not and cannot guarantee that our users will always find everything to their liking. We try to ensure that information we post to this site is both timely and accurate, and that the Services offered are reliable. Please be advised that if you rely on any information or service available through this Web Site, you do so at your own risk. You are solely responsible for any damage or loss you may incur that result from your use of any service or any material and/or data downloaded from or otherwise provided through this Web Site.
AppExpress neither warrants that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. AppExpress is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. AppExpress contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
AppExpress does not control the information or content posted or transmitted by users, registered users and our Third Party Providers and assumes no obligation to monitor third party information and transmissions. AppExpress does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties or endorse any opinions expressed by them.
AppExpress makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site outside of the United States, you are responsible for compliance with the laws of your jurisdiction as well as our local laws.
Warranty and Limitation of Liability.
THIS WEB SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED TO YOU ON A AS-IS WHERE-IS AS-AVAILABLE BASIS. APP EXPRESS AND OUR THIRD PARTY PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTIBILITY FOR A PARTICULAR PURPOSE, FITNESS, OR MERCHANTABILITY FOR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSED OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL APP EXPRESS OR OUR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE INCLUDING BUT NOT LIMITED TO;
- ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN.
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THIS WEB SITE.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
- STATEMENTS OR CONDUC OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE OR
- ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVCIE EVEN IF APP EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, APP EXPRESS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that you are personally responsible for your behavior and actions on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless AppExpress, our Third Party Providers, licensors, employees and agents from and against all claims, losses, expenses, damages and costs (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site or the Services or your use of the content, any violation by you of this Agreement or any activity related to your user account by you or any other person accessing the Web Site or Service through your user account.
Posting communications on or through the Web Site automatically grants AppExpress a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
AppExpress may and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Web Site, please provide written notification by e-mail or regular mail that includes the following information: (1) the signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of or actual page link to where the material in question is located on the website; (4) your mailing address, telephone number and email address; (5) a statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by your, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by AppExpress of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of the Terms of Service is for any reason held to violate any applicable law, governmental rule, or regulation, or if the Terms of Service is held to be unenforceable or unconscionable, the invalidity of that specific provision shall not invalidate the remainder of these Terms. All other provisions and the entirety of the Terms of Service shall remain in full force and effect.
Choice of Law and Venue.
These Terms of Service between you and AppExpress hereunder shall be governed as to validity, interpretation, enforcement and effect by the laws of the State of Texas and shall be binding on and inure to the benefit of AppExpress and you and upon their respective heirs, personal representatives, successors and assigns. In addition, these Terms of Service shall be deemed to have been made, accepted, performable and all amounts payable to AppExpress’s P.O. Box 131929 in The Woodlands, Texas 77393. Each party to this Agreement hereby irrevocably submits to the jurisdiction of the courts located in The Woodlands, Montgomery County, Texas and agrees that the exclusive venue of any legal action arising out of this Agreement shall be in Montgomery County, Texas.
General Contact Information.
For any questions about these Terms of Service, the practices of this Web Site, or your dealings with this Web Site, you may contact us by sending a letter via U.S. Mail to:
10200 Grogan’s Mill Road, STE 440
The Woodlands, TX 77380