Updated: January 14, 2010
App-Packs.com (this “Site”). This Site is owned and operated
by Premo Applications, LLC and its affiliates (collectively, “Premo”).
Premo provides this Site to you subject to the following terms and conditions.
If you access or use any part of this Site, you accept and agree to
“Terms”). Please read them carefully. If you do not agree
with these Terms, please do not use this Site.
Please review our
which also governs your visit to this Site, to understand Premo’s practices
with respect to collection and use of personal information.
MODIFICATIONS TO TERMS
Premo may modify
these Terms from time to time. Please review this page periodically
for any updates or changes to these Terms. Your continued use of this
Site following the posting of any updates or changes to these Terms
constitutes your acceptance of such modifications. If you object to
any subsequent modifications to these Terms, your only recourse is to
immediately terminate your use of this Site.
When you visit
this Site or send e-mails to Premo, you are communicating with Premo
electronically. You hereby consent to receive communications from Premo
electronically. Premo will communicate with you by e-mail or by posting
notices on this Site. You agree that all agreements, notices, disclosures
and other communications that Premo provides to you electronically satisfy
any legal requirement that such communications be in writing.
and APP-PACKS™ are trademarks of Premo Applications, LLC. This
Site contains copyrighted material owned by Premo and its third-party
licensors, including but not limited to text, software, photographs,
images, logos, video and graphics (collectively, the “Content”),
and the entire selection, coordination, arrangement and “look and
feel” of this Site and the Content are copyrighted as a collective
work under United States copyright laws. You are only permitted to use
the Content as expressly authorized herein or in writing by Premo. Neither
these Terms nor your use of this Site transfers any right, title or
interest in this Site or the Content to you, and Premo and its third-party
licensors retain all of its and their respective rights, title and interest
in and to this Site and the Content.
service marks, trade names or company designations for companies other
than Premo may be mentioned on this Site for identification purposes
only. Third-party trademarks, service marks, trade names, logos,
product or service names contained on this Site are the trademarks,
registered or unregistered, of their respective owners.
you a limited license to access and use this Site for your own personal,
non-commercial use. This license does not include: (i) any resale or
commercial use of this Site or the Content; (ii) any collection and/or
use of any product listings, descriptions, or prices; (iii) any derivative
use of this Site or the Content; and/or (iv) any downloading or copying
of account information for the benefit of another merchant.
In using this
Site, you agree that you shall not: (a) delete, modify, hack or attempt
to change or alter any of the Content on this Site; (b) use any device,
software or routine intended to damage or otherwise interfere with the
proper functioning of this Site or servers or networks connected to
this Site, or take any other action that interferes with other parties’
use of this Site; (c) use any robot, spider or other automatic or manual
device or process for the purpose of harvesting or compiling information
on this Site for purposes other than for a generally available search
engine; (d) use any Premo names, service marks, or trademarks without
Premo’s prior written consent, including, without limitation, as metatags,
search engine keywords, or hidden text; or (e) use any Content made
available through this Site in any manner that infringes any copyright,
trademark, patent, trade secret or other proprietary right of any party.
Neither this Site nor any portion of this Site may be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial purpose
without the express written consent of Premo. Any rights not expressly
granted herein are reserved.
In order to
access and use certain features of this Site, you may be required to
create an account. By setting up an account, you agree to (i) provide
Premo with accurate and complete information, and (ii) promptly update
your account information with any new information that may affect the
operation of your account. You may not use false identities or
impersonate any other person or use a username or password that you
are not authorized to use. If you create an account, you are responsible
for maintaining the confidentiality of your username and password and
for restricting access to your computer, and you agree that you are
solely responsible and liable for all activities that occur under your
account. You agree to immediately notify Premo of any unauthorized use
of your username, password, or account. Premo reserves the right to
refuse service, terminate accounts, remove or edit Content, and/or cancel
orders in Premo’s sole discretion.
REVIEWS, COMMENTS, AND OTHER CONTENT
post comments and other content on this Site, provided, that such comments
and/or content are not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable, and do not consist of or
contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any other form of “spam.” Premo
does not regularly review posted content but reserves the right to remove
or edit such content in its sole discretion.
If you post
comments or other content on this Site, you grant Premo a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world
in any media. You further grant Premo and its sublicensees the right
to use the name that you submit in connection with such content. You
represent and warrant that: (i) you own or otherwise control all of
the rights to the content that you post; (ii) the content is accurate;
(iii) use by Premo of the content you supply does not violate these
Terms and will not cause injury to any person or entity; and (iv) you
will indemnify Premo for all claims resulting from any content you supply.
This Site may
provide links to third-party websites and their content, products and
services, including without limitation, those of Premo’s strategic
partners and other entities with which Premo’s connection consists
of only a hyperlink (“Linked Sites”). Linked Sites are provided
only because they may be of interest to you. Information and views
contained in Linked Sites are not those of Premo.
posted on Linked Sites before you use them. Premo does not author, edit,
or monitor these Linked Sites, and is not responsible or liable for
(i) the availability of or content provided on such Linked Sites, nor
does inclusion of any link imply endorsement of the Linked Sites by
Premo, or vice versa; (ii) third-party content accessible through such
Linked Sites; (iii) any loss or damage whatsoever you may incur from
dealing with any Linked Site; or (iv) your dealings with any third parties
found on or through this Site. You bear all risk associated with
your use of such Linked Sites, third-party services and content, and
your correspondence or business dealings with third parties other than
Premo found on or through this Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND
ALL INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES
MADE AVAILABLE TO YOU BY PREMO THROUGH THIS SITE ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, PREMO DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THIS SITE, THE OPERATION THEREOF, AND THE INFORMATION, CONTENT, PRODUCTS
AND SERVICES MADE AVAILABLE TO YOU BY PREMO THROUGH THIS SITE. PREMO
MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (i)
THIS SITE AND/OR ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS
OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (ii) THIS SITE AND/OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES
WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (iii) THE
QUALITY OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED BY
YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; OR (iv) THAT DEFECTS,
IF ANY, WILL BE CORRECTED.
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL PREMO’S
TOTAL LIABILITY TO YOU OR ANY THIRD PARTY EXCEED, IN THE AGGREGATE (i)
THE AMOUNT, IF ANY, PAID BY YOU TO PREMO FOR ANY OF YOUR ACTIVITIES
ON THIS SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR
CLAIM, OR (ii) FIFTY U.S. DOLLARS ($50.00 USD), WHICHEVER IS GREATER.
laws do not allow limitations on implied warranties or the exclusion
or limitation of certain damages. If these laws apply to you, some or
all of the above disclaimers, exclusions, or limitations may not apply
to you, and you might have additional rights.
LIMITATION ON ACTIONS BROUGHT AGAINST PREMO
You agree that
any claim or cause of action arising out of these Terms or your use
of this Site must be filed within one (1) year after such claim or cause
of action arose or it shall forever be barred, notwithstanding any statute
of limitations or other law to the contrary.
You agree that
any dispute arising out of or relating in any way to your use of this
Site shall be resolved exclusively by confidential binding arbitration
except that, to the extent you have in any manner violated or threatened
to violate the intellectual property rights of Premo or its third-party
licensors, Premo may seek injunctive or other appropriate relief. The
arbitration shall be conducted before three neutral arbitrators in Nashville,
Tennessee, U.S.A., in accordance with the rules of the American Arbitration
Association (“AAA”), as then in effect. No claims of any other
parties may be joined or otherwise combined in the arbitration proceeding.
Unless otherwise expressly required by applicable law, each party shall
bear its own attorneys’ fees without regard to which party is deemed
the prevailing party in the arbitration proceeding. Except for punitive
and consequential damages (which may not be awarded), and subject to
these Terms, the arbitrators shall be authorized to award either party
any provisional or equitable remedy permitted by applicable law.
USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES
EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE
THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A
CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.
THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS
THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING
WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY
BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of
the arbitrators may be enforced in any court having jurisdiction thereof.
Each party hereby consents (a) to the sole and exclusive jurisdiction
of the courts of the State of Tennessee or to any federal court located
within the State of Tennessee for any action (i) to compel arbitration,
(ii) to enforce any award of the arbitrators, or (iii) at any time prior
to the qualification and appointment of the arbitrators, for temporary,
interim or provisional equitable remedies, and (b) to service of process
in any such action by registered mail or any other means provided by
law. Should this Section be deemed invalid or otherwise unenforceable
for any reason, it shall be severed and the parties agree that sole
and exclusive jurisdiction and venue for any claims will be in the state
or federal courts located in Nashville, Tennessee.
the intellectual property rights of others. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide Premo’s copyright agent the written information specified
below. Please note that this procedure is exclusively for notifying
Premo that your copyrighted material has been infringed.
- An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- A description of
the copyrighted work that you claim has been infringed upon;
- A description of
where the material that you claim is infringing is located on this Site;
- Your address, telephone
number, and e-mail address;
- A statement by you
that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- A statement by you,
made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Agent for notices of claims of copyright infringement can be reached
In the event
that any provision of these Terms is found invalid or unenforceable,
it will be enforced to the extent permissible and the remainder of these
Terms will remain in full force and effect. Premo’s failure to act
with respect to a breach by any visitor using this Site does not constitute
a waiver of its right to act with respect to subsequent or similar breaches.
These Terms will be governed by and construed in accordance with the
laws of the State of Tennessee without regard to its conflicts of law
to the foregoing, constitute the entire agreement between the parties
with respect to use of this Site and supersede all prior understandings
and agreements, whether written or oral, as to such subject matter.
(i) that you have read and understood these Terms, and (ii) that these
Terms shall have the same force and effect as a signed agreement.
If you have
questions about this Site, you may contact us at firstname.lastname@example.org or at:
P.O. Box 90872