App-Packs.com

Website Terms of Use 

Last Updated: January 14, 2010 

Welcome to 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 be bound by these Terms of Use (these “Terms”). Please read them carefully. If you do not agree with these Terms, please do not use this Site.

1.  PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand Premo’s practices with respect to collection and use of personal information.

2.  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.

3.  ELECTRONIC COMMUNICATIONS

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.

4.  SITE CONTENT

PREMO APPLICATIONS™ 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.

Certain trademarks, 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. 

5.  SITE ACCESS

Premo grants 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.

6.  YOUR ACCOUNT

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.

7.  REVIEWS, COMMENTS, AND OTHER CONTENT

Visitors may 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.

8.  THIRD-PARTY SITES

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. 

You should refer to the separate terms of use, privacy policies, and other rules 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.

9.  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.

PREMO WILL 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.

Certain state 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.

10.  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. 

11.  DISPUTE RESOLUTION 

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.   

BECAUSE THE 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.

12.  COPYRIGHT COMPLAINTS

Premo respects 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.

Premo’s Copyright Agent for notices of claims of copyright infringement can be reached as follows:

    Copyright Agent

    App-Packs.com Legal Department

    P.O. Box 90872

    Nashville, TN 37209  

13.  GENERAL 

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 provisions.  These Terms and the Privacy Policy, and any modifications 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.  

14.  ACKNOWLEDGEMENT   

You acknowledge (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.

CONTACT US

If you have questions about this Site, you may contact us at contact@app-packs.com or at:

App-Packs.com

P.O. Box 90872

Nashville, TN 37209

App-Packs.com
Premo Applications LLC, All rights reserved.