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Terms of Service
The following terms and conditions (the "Terms of Service")
govern your use of this website and all products and services
that are offered here. By using this site or the services
provided thereon, you agree to be, and are, bound by these
Terms of Service. These Terms of Service may be updated by
Applied Software International Inc. ("The Company") from time
to time. You acknowledge and agree that your continued use of
The Company's website or services after any such update
signifies your acceptance of such modified Terms of Service.
Because this is a legal agreement between you and Applied
Software International Inc., please print out and retain a
copy for your records. If you do not agree to these Terms of
Service, you are not authorized to access or use this site or
the services provided here.
YOUR OBLIGATIONS
By subscribing to any product or service offered by Applied
Software International, You make the following representations
and warranties. Applied Software International shall have the
right to terminate Your account, without notice at any time,
if any representation warranty made by You proves to be untrue
in any respect.
You represent and warrant that:
- 1 - You and all users of the products and services approved
by you are at least eighteen (18) years of age;
- 2 - You have the legal capacity and authority to:
- enter into binding contracts for the sale and purchase of goods
and services,
- be bound by these Terms of Service and the Additional Terms,
- to subscribe to and use the service, in accordance with these
Terms of Service and any Additional Terms, and
- if you are acting in a corporate capacity, to bind Your company;
- 3 - You will not use the products or services for any
purpose that is unlawful, or prohibited by these Terms of
Service or the Additional Terms (as may be modified from time
to time);
- 4 - All information supplied by You or by others using Your
account is true and accurate, including information submitted
as part of the registration, subscription and billing process;
- 5 - You will protect your account login name and password,
will not disclose your password to any third party, and you
will assume full responsibility for any and all harm or
liability attributable to you or any other person accessing
your account or any Services with your login name and
password.
- 6 - You will not copy, sell, redistribute, license,
sublicense, or otherwise transfer your account, or any
materials provided to you in connection with the Services, to
any third party without The Company's written consent.
PAYMENT
Some of our products and services require that You purchase a
subscription or otherwise pay a fee. You are solely
responsible for all charges, fees, duties, taxes, and
assessments arising out of any use of Your account by you or
anyone else using Your account. Applied Software International
reserves the right to modify the fees charged for The
Company's products and services from time to time, provided
that such new fees shall not take effect earlier than thirty
(30) days after Applied Software International notifies You
via email or otherwise of such modified fees. All bills are
considered final after 30 days.
You agree to pay Applied Software International all recurring
fees listed on The Company's website for the service(s) you
register for. Completion and submission of any Service
activation form authorizes Applied Software International to
charge the credit card specified in your registration for all
such fees and any related taxes corresponding to the selected
Service. Such charges will be made once every thirty (30) days
beginning with the day your account is activated for monthly
subscribers, or once every ninety (90)
days beginning with the day your account is activated for
yearly subscribers choosing a quarterly payment, or once every
three hundred and sixty five (365) days beginning with the day
your account is activated for yearly subscribers choosing the
annual payment. In order to avoid the full fee for any new
billing period, you must cancel the Service a minimum of five
(5) business days BEFORE the new billing period begins.
TERMINATION - CANCELLATION
Unless stated otherwise on The Company's web pages applicable
to a specific Service, each Service provided and billed will
automatically renew with each billing period, as applicable,
until cancelled in accordance with this section. At any time
after activation of a service, either you or The Company may
cancel that Service by providing written notice to the other
party via postal mail or email, in which case the Service will
terminate on the date specified in the cancellation notice. If
no date is specified, the Service will terminate at the end on
the anniversary date.
From time to time, we may provide a 1 week trial program under the name "Try
Before You Buy". According to this program, we will
charge your credit card for $1 (one US dollar). We will then charge
your credit card after the 1 week period according to your
order.
If within 1 week of the creation of your account, you choose
to cancel your account, simply email us
and we will cancel
your account. If you choose to cancel
your account after this 1 week initial period, your
account will be cancelled, and you will no longer be charged a
recurring fee. If you cancel after this 1 week initial period, no refunds will be made available, and the
Service will be terminated on the anniversary date.
Applied Software International may terminate Your account,
and/or Your access to any of our services at any time, with or
without cause, and with or without notice. In the event that
Applied Software International terminates Your account or one
or more of Your services for violation of these Terms of
Service or the Additional Terms, You will not be entitled to
the return of any fees paid with respect to any such
terminated account service. Except as otherwise required by
law, the costs of any returns if permitted will be at Your
expense.
To cancel an account, we require that you provide the
following:
- The person's name or Company's name on the account
- The last four digits of the Credit Card on the account
- Email address on the account
- Username and Password
LINKS TO THIRD PARTY SITES
Links within the Applied Software International website may
let you leave the Company's website. You acknowledge that the
linked sites are not under the control of The Company and that
The Company is not responsible for the contents or operation
of such linked sites or any link contained in such linked
site, any changes or updates to such sites, or Web casting or
any other form of transmission received from any linked site.
Applied Software International is providing these links to You
only as a convenience, and the inclusion of any link does not
imply endorsement by The Company of the linked site or any
association with their operators.
SOFTWARE AVAILABLE
Software (if any) that is made available to download on The
Company's website, excluding software that may be made
available by third parties is the copyrighted work of Applied
Software International and/or its suppliers. Your use of the
Software is governed by these Terms of Service, and the terms
of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). To the
extent that the License Agreement conflicts with the Terms of
Service or Additional Terms, the terms of the License
Agreement shall govern Your use of the Software. You may not
install or use any Software that is accompanied by or includes
a License Agreement unless You first agree to the License
Agreement. For any Software not accompanied by a license
agreement, Applied Software International hereby grants to
You, the user, a personal, non-exclusive, non-transferable
license to use the Software for viewing and otherwise using
the particular service in accordance with the License
Agreement, the Terms of Service and Additional Terms and for
no other purpose. In addition, You shall keep intact all and
may not alter any copyright and other proprietary notices
contained in such Software. All Software is owned by Applied
Software International and/or its suppliers, and is protected
to the maximum extent permitted by copyright laws and
international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited, and
may result in severe civil and criminal penalties. Persons
violating the foregoing, or who otherwise misappropriate any
intellectual property or proprietary rights related to the
Software may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU
MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE
ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE
PROVIDED HEREUNDER.
INSTALLATION.
The Licensed Program is distributed to You by electronic
download as described in the Documentation. You will need to
install the Licensed Program on properly configured and
compatible computer equipment according to the Documentation.
You will also need to ensure that all required data is in
proper format and no other software or equipment having an
adverse impact on the Licensed Program are present.
TESTIMONIALS
Applied Software International welcomes any and all
testimonials submitted by its customers and prospective
customers. By submitting a testimonial, You agree and accept
that Applied Software International may, at its own
discretion, use your testimonial in any of its marketing
material, whether online or offline.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Applied
Software International, its officers, directors, employees, agents, and partners, from and against
any third-party claims, actions, demands, liabilities,
expenses, and costs, including without limitation reasonable
legal and accounting fees, arising from or related to your use
of The Company's website and/or any and all products and
services, your violation of these Terms of Service, or your
violation of any laws, regulations, or third-party rights. The
terms of this section shall survive any termination of this
Agreement.
WARRANTY DISCLAIMER
Applied Software International makes no guarantees of any kind
regarding the use or the results derived from any and all
products and services The Company offers, in terms of
dependability, accuracy, security, timeliness, availability,
reliability, or usefulness. The Services and all related
materials are provided "AS IS, AS AVAILABLE" without warranty
of any kind, either expressed or implied. Applied Software
International will not be held responsible for any losses,
damages, or costs that you and/or your business may suffer
when using the website or any and all products and services
The Company provides.
APPLIED SOFTWARE INTERNATIONAL HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE PRODUCTS
AND/OR SERVICES
AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. APPLIED SOFTWARE INTERNATIONAL DOES NOT
WARRANT THAT THE OPERATION OF THE PRODUCTS AND/OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS AND/OR SERVICES WILL BE
SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT
THE PRODUCTS AND/OR SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN ANY
SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL APPLIED SOFTWARE INTERNATIONAL BE LIABLE
UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR
EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR
INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR
OPPORTUNITY) WHETHER OR NOT APPLIED SOFTWARE INTERNATIONAL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO
EVENT WILL APPLIED SOFTWARE INTERNATIONAL's TOTAL, CUMULATIVE
LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY
APPLIED SOFTWARE INTERNATIONAL FROM YOU UNDER THIS AGREEMENT.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR
OUT OF THE APPLIED SOFTWARE INTERNATIONAL SERVICES MAY BE
BROUGHT BY YOU OR APPLIED SOFTWARE INTERNATIONAL MORE THAN ONE
(1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF
ACTION, HAS OCCURRED.
DISPUTES
This Agreement shall be governed in all respects by Nevada law
without regard to the conflict of law provisions thereof. Both
parties submit to personal jurisdiction in Nevada. Any
controversy or claim arising out of, relating to or in
connection with this Agreement, or the breach thereof, shall
be subject to arbitration administered by the American
Arbitration Association ("AAA") in accordance with its then
existing Commercial Arbitration Rules (collectively, the "AAA
Rules") and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof. The
place of arbitration shall be Las Vegas, Nevada, or any other
place selected by mutual agreement of the parties. An award
rendered in connection with an arbitration pursuant to this
Section shall be final and binding upon the parties and the
parties agree and consent that the arbitral award shall be
conclusive proof of the validity of the determinations of the
arbitration set forth in the award, and any judgment upon such
an award may be entered and enforced in any court of competent
jurisdiction. The parties agree that the award of the arbitral
tribunal will be the sole and exclusive remedy between them
regarding any and all claims and counterclaims between them
with respect to the subject matter of the arbitrated dispute.
The parties hereby waive all in personam jurisdictional
defenses in connection with any arbitration hereunder or the
enforcement of an order or award rendered pursuant thereto. In
any legal action, the prevailing party will be entitled to
recover all legal expenses incurred in connection with the
action, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. The terms of
this section shall survive any termination of this Agreement.
Applied Software International Inc.
7469 West Lake Mead Blvd. Suite 200
Las Vegas, NV 89128
Phone : (702) 851-7689
Email :
If any of the provisions, or portions thereof, of this
Agreement are found to be invalid under any applicable statute
or rule of law, then, that provision notwithstanding, this
Agreement shall remain in full force and effect and such
provision or portion thereof shall be deemed omitted. This
Agreement (including the Exhibits, attachments and/or addenda,
if any,) represents the entire agreement of the parties with
respect of the subject matter hereof and supersedes all prior
and/or contemporaneous agreements or understandings, written
or oral between the parties with respect to the subject matter
hereof. This Agreement and the rights granted and obligations
undertaken hereunder may not be transferred, assigned or
delegated in any manner by Client, but may be so transferred,
assigned or delegated by Applied Software International. Any
waiver or any provision of this Agreement, or a delay by any
party in the enforcement of any right hereunder, shall neither
be construed as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision or right. In
any legal proceeding between the parties under this Agreement,
the prevailing party shall be entitled to
recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws
of the United States of America, except with regard to its
conflict of law rules. This Agreement and Applied Software
International’s policies are subject to change by The Company
without notice. Continued usage of the Services after a change
to this Agreement by The Company or after a new policy is
implemented and posted on The Company Website constitutes your
acceptance of such change or policy. We encourage you to
regularly check our website for any changes or additions.
Copyright
2001-2004, Applied Software International Inc. All rights
reserved.
Terms of Service
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