The following Terms of Use explain the relationship between you and The API Guys (“TAG”) and apply to your use of TAG’s proprietary Pocket Developer software applications (or any other applications or tools made available to you by TAG (collectively, the “Application”). BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE APPLICATION.
1. Right to Use the Application
Subject to these Terms of Use and payment of all applicable fees, TAG grants you a nonexclusive, nontransferable, revocable right to use the Application solely for your internal business purposes. You shall not (a) rent, lease, sublicense, distribute, transfer, copy, modify, create derivative works of, or time-share the Application, or (b) decompile, disassemble, reverse-compile, reverse-assemble or otherwise reverse-engineer the Application or use any similar means to discover the source code of the Application.
2. Ownership; Feedback
You agree that the Application constitutes proprietary intellectual property of TAG or its licensors and that all right, title and interest in and to the Application, including all intellectual property rights embodied therein, shall at all times remain vested in TAG or its licensors. You may not remove or modify any copyright and other proprietary notices included on the Application. Other than the express rights granted to you in these Terms of Use, no rights or licenses are granted to you.
You agree that TAG will have all rights to any feedback, results and/or other data (which may include suggested features, functionality, methods and techniques) regarding your use of the Application. As such, you assign all rights in the Feedback to TAG.
3. Privacy Policy
Because the privacy of your personal information is very important to us, TAG has established a Privacy Policy (located at http://www.theapiguys.com/privacy-policy/) which describes how we will treat any personal information which you may provide to us. By accepting these Terms of Use, you acknowledge that you have read and understood TAG’s Privacy Policy. TAG may change its Privacy Policy at any time by updating the Privacy Policy or by providing other appropriate notice. Please notify TAG’s webmaster at webmaster@theapiguys.com at once if you lose (or think someone has stolen) your log-in or password.
4. Fees
You will be charged on a monthly basis for your use of the Application. For Pocket Developer, you will be billed an upfront fee in addition to fees based on your usage of the Application. You agree and understand that failure to pay TAG in a timely fashion may result in immediate suspension or cancellation of your account and access to the Application, without notice or liability. No refunds will be provided under any circumstances.
5. Providing Information
Users will be asked to provide their email address and other information before accessing the Application. Under no circumstances may any user provide or use any other person’s email address without proper authorization or otherwise pretend to be someone they are not.
6. Third-Party Products and Services
Your use of the Application may involve third-party products and services which you obtain directly from such third parties. TAG assumes no responsibility or liability for such products and services. You are required to review and comply with the applicable terms and conditions for such products and services.
7. Compliance with Laws
You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet, data, email and privacy.
8. Changes to these Terms of Use
TAG reserves the right to change these Terms of Use at any time by updating this posting or by providing notice other appropriate notice. Therefore, it is important that you review these Terms of Use regularly so you are aware of any changes. Your continued use of the Application following any change shall be deemed to be acceptance of any such change. If you do not agree to any modification of these Terms of Use, you must immediately stop accessing or using the Application.
9. Modifications to the Application
TAG reserves the right at any time to modify or suspend access to the Application (whether on a temporary or permanent basis) with or without notice. TAG will not have any liability associated with exercising this right.
10. Termination
These Terms of Use are effective as of the date that you first access or use any part of the Application and shall remain in full force and effect for as long as you are permitted access to the Application. Your access to any or all parts of the Application may be suspended or terminated by TAG at any time with immediate effect in the event of any violation of these Terms of Use or any other terms or conditions applicable to the Application or otherwise in TAG’s sole discretion. Following any such termination, you agree to immediately stop accessing and/or using the Application.
11. No Warranties
TAG MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THE APPLICATION. TAG PROVIDES THE APPLICATION “AS-IS,” WITH ALL FAULTS. FOR CLARIFICATION, TAG MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE OPERATION OR PERFORMANCE OF THE APPLICATION OR ANY RESULTS OBTAINED USING THE APPLICATION.
12. Limitation of Liability
TAG WILL NOT HAVE ANY LIABILITY FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR (B) MONETARY DAMAGES OF ANY KIND IN EXCESS OF $50.00, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF TAG HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, TAG WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THE FUNCTIONING OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE APPLICATION OR ANY RESULTS OBTAINED FROM THE APPLICATION. IN ADDITION, TAG WILL HAVE NO LIABILITY WHATSOEVER RELATED TO YOUR USE OF THIRD-PARTY PRODUCTS AND SERVICES IN CONNECTION WITH THE APPLICATION.
13. Indemnification
You agree to indemnify and defend TAG from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys’ fees, resulting from (a) any violation of these Terms of Use, (b) any violation of the rights of a third party, and (c) any use of the Application or any results obtained from it. TAG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of TAG may be made without TAG’s prior written approval.
14. Force Majeure
Neither party shall be responsible for any failure to perform its obligations under these Terms of Use (other than obligations to pay money) caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.
15. Other Terms
The laws of Massachusetts will apply to this agreement and the courts of Massachusetts shall have exclusive jurisdiction over any claim. These Terms of Use are the complete statement of our understanding regarding these matters, and no other document or discussion will apply. You agree that this agreement is personal to you and may not be transferred to anyone else without TAGs’s prior written consent. The disclaimers and limitations of liability above also benefit TAG’s suppliers and licensors. The applicable sections of these Terms of Use shall survive termination, including but not limited to, those concerning ownership, disclaimers of warranty, indemnification, and limitations and exclusions of liability. TAG may provide notices under these Terms of Use via email or by displaying a notice (or a link to a notice) via the Application. TAG’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Any claim arising out of these Terms of Use must be brought within one (1) year of the date on which the claim arose.