Terms of Service
Last Modified: October 10, 2016
Focus IP, Inc. dba AppDetex (“AppDetex” or “Provider” or “we”) reserves the right to change these Terms and Conditions of Use from time to time. Notifications of revisions of these Terms and Conditions of Use will be posted on the web site and revised terms will become effective immediately.
These Terms and Conditions of Use apply to the web site located at www.Appdetex.com (collectively, the “Web Site”).
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.
1. Web Site Limited License. As a user of this Web Site you are granted a personal, non-exclusive, non-transferable, revocable, limited license to access and use this Web Site in accordance with these Terms and Conditions of Use. Provider may terminate this license at any time for any reason.
Upon termination of the license, you agree to terminate access to the Web Site and return or destroy any access codes to the AppDetex system provided by AppDetex.
2. Limitations on Use; Third Party Communications.
2.1. Limitations on Use. This Web Site is for your personal use only and not for commercial exploitation or use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site without Provider’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted herein. You may not use or otherwise export or re-export this Web Site or any portion thereof in violation of the export control laws and regulations of the United States of America. Any illegal or unauthorized use of this Web Site is prohibited. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Web Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Site. You will use this Web Site in accordance with all applicable local, state and federal rules and regulations. You may not republish any of the proprietary reports created by the information gathered in the Web Site.
2.2. Third Party Communications. The Web Site may contain links to third party service providers. AppDetex is not related to any third party service providers, unless explicitly stated as such. AppDetex disclaims any and all liability for any third party communications you may receive or any actions you may take or refrain from taking as a result of any third party communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third party communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any third party communications. As used herein, “third party communications” means any communications directed to you from any third party service providers directly or indirectly connected with this Web Site.
2.3. Third Party Content. The Web Site may contain links to third party applications, products, services and/or software. Provider exercises no control over third party applications, products, services and/or software and is not responsible for the performance thereof. Provider is not responsible or liable for any content, advertising, or other materials available though the third party applications, products, service and/or software. Provider is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services (or any information related to any apps) available through the third party application, products, services and/or software.
3. No Legal Advice. Information gathered through the use of this Web Site is not intended to and does not constitute legal advice and nothing herein creates an attorney-client relationship. The accuracy, completeness, or adequacy of the content is not warranted nor guaranteed. Any search results, whether resulting from text searches, image recognition or similarity algorithms, are not warranted nor guaranteed, and are used at your own risk. Your use of the content on this Web Site or materials linked from this Web Site is at your own risk. The Web Site provides you with data from several third party sources for your convenience. It is your responsibility to independently verify the accuracy of the data or any data derived therefrom.
4. Intellectual Property Rights. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Web Site is owned, controlled or licensed by or to AppDetex, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and Conditions of Use, no part of the Web Site and no Content may be copied, reproduced, 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 publication or distribution or for any commercial enterprise, without AppDetex’s express prior written consent. You may use information on AppDetex products and services (such as articles or studies posted by AppDetex) purposely made available for downloading from the Web Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. All information available through the Web Site (other than third party information) is the exclusive property of AppDetex and is also protected by copyright, trademark, service mark, patent, other intellectual property laws and associated common law principles. This protection extends to all areas of the Web Site, including both subscriber and non-subscriber areas. Any recommendations or feedback provided to AppDetex by you in connection with any improvements or modifications to the Web Site shall remain the property of AppDetex.
You agree that you shall not, directly or indirectly, (i) sell, lease, assign, sublicense or otherwise transfer, (ii) duplicate, reproduce or copy, (iii) disclose, divulge or otherwise make available to any third party, (iv) use except as authorized by these Terms and Conditions of Use, or (v) decompile, disassemble or otherwise analyze the Web Site including all trade secrets and confidential information therein, for reverse engineering purposes. You agree that you shall not permit any third party to have access to use of the Web.
6. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the statements, acts or omissions of advertisers and sponsors.
7. Accounts, Passwords and Security. Use of certain portions of this Web Site requires you to be a paying subscriber (including establishing a user id and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Provider immediately of any unauthorized use or loss of your account or password, or any other breach of security. You may be held liable for losses incurred by Provider or any other user of the Web Site due to someone else using your user identification, password or account as a result of your failing to keep your account information secure and confidential.
8. Errors and Corrections. Provider does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that information or data available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. You agree that you will use the data in any material at your risk. Provider may make improvements and/or changes to its features, interfaces, and/or functionality at any time. Additionally, Provider offers Managed Services as part of its products and solution offerings. With respect to these products and solution offerings, Provider shall not be liable for any actions that are taken by any of its customer representatives at the direction of or request of a client, customer, or user of the Web Site.
9. Third-Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Provider.
10. Attorney Ethics Notice. If you are an attorney using the Web Site, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your use and that you will abide by these Rules which include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules.
11. DISCLAIMER. APPDETEX DOES NOT PROMISE THAT THE WEB 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. THIS WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE INCLUDING, BUT NOT LIMITED TO, DATA AND TECHNICAL INACCURACIES AND TYPOGRAPICAL ERRORS; (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED, TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THIS WEB SITE, (E) YOUR USE OF THIS WEB SITE; OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE; OR (G) ANY SEARCH RESULTS, OR SEARCH FUNCTIONS, WHETHER RESULTING FROM SEARCHES OF THIRD-PARTY DATABASES, WEB SITES OR OTHERWISE, AND THE CONTENT THEREIN OR DERIVED THEREFROM.
The above disclaimer applies to any damages, liability or injuries caused by any 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, alternation of, or use, whether for breach of contract, tort, negligence or any other cause of action. User agrees that it shall have the sole responsibility for protecting its data and property used in connection with the Web Site.
Provider reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Web Site, or any portion of the Web Site for any reason; (2) to modify or change the Web Site, or any portion of the Web Site, and any applicable policies or terms; and (3) to interrupt the operation of the Web Site, or any portion of the Web Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE OR THE SEARCH RESULTS OR SEARCH FUNCTIONS PROVIDED THEREIN OR RESULTING THEREFROM. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE INCLUDING ANY INFORMATION PROVIDED ON THE WEB SITE, ANY RESULTING USE OF SUCH INFORMATION, OR ANY ACTIONS, OR INACTIONS, TAKEN BY ANY USERS OR CUSTOMERS OF THIS WEBSITE OR CLIENTS OF PROVIDER. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
13. Indemnification. You agree to indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any of the following: (1) your use of this website; (2) your use of any of the information contained on this website, obtained from this website or related thereto; or (3) your violation of any of these Terms and Conditions of Use.
14. Third-Party Rights. The provisions of paragraphs herein re Disclaimer, Limitation of Liability, Errors and Corrections, and Indemnification are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action Provider deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information.
16. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other Provider web sites and their features.
17. Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Delaware and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
18. Independent Parties. Your use of the Web Site shall not be construed as creating any joint venture, partnership, agency or employment relationship between you and AppDetex
19. Additional Terms.
19.3. Modifications to Terms and Conditions of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Any updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Your continued use of this Web Site after any such changes constitutes your consent to such changes.
If you have any questions or concerns about the Web Site or these Terms and Conditions of Use, please contact us at:
Focus IP Inc (dba AppDetex)
609 West Main Street
Boise, Idaho 83702
Attn: Ben Milam, General Counsel
or email us at: email@example.com
© Copyright 2016 Focus, IP, Inc. (dba AppDetex). All Rights Reserved.