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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. 
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