Appriss Terms and Conditions of Use

The Appriss website, however accessed, and mobile applications (collectively, the “Site”) are provided by Appriss Inc. (“Appriss” or “we”), a company organized under the laws of Delaware, U.S.A.

1. Terms and Conditions of use

By accessing the Site, you accept the following Terms and Conditions. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions.  We may revise these Terms and Conditions from time to time by posting changes to the Site and indicating the date of the last revision.  Any such revisions shall be effective when posted. Your continued use of the Site following such changes constitutes your agreement to the modified terms.

2. Copyright

Permission to use, copy and distribute the data, information or other content  published by Appriss on the Site (collectively, the “Documentation”) is hereby granted on the condition that no part of the Documentation is used for commercial purposes and is strictly restricted to use for informational purposes.  Some of the Documentation may be subject to copyright or other intellectual property rights.

3. Content Disclaimer

this site and All CONTENT published on this site is provided “AS IS” and “as available” without any representation or warranty of any kind either express or implied.  APPRISS hereby specifically disclaimS any and all representations and warranties, express or implied, regarding site content, functionality, or materials or information provided by us through the site, including, without limitation, any warranty regarding infringement, ownership, accuracy, timeliness, completeness, and availability, and any implied warranties for merchantability, fitness for a particular purpose. Any Appriss documentation may include technical inaccuracies or typographical errors. Changes and additions may be made by Appriss from time to time to any documentation contained on the Site.

Where we provide or enable links to third-party sites, we do so for information purposes only and we accept no liability for your use of the same.

4. Site user engagement
4.1. Appriss’s responsibility for user-submitted information

The Site acts, in part, as a passive channel for online distribution of user-submitted information. Certain parts of the Site contain information submitted by visitors of the Site.  Examples may be neighborhood reports, discussion forums, and comments on blog postings.  Appriss will not screen information in advance and is not responsible for screening or monitoring posted material. The user-submitted information may not reflect Appriss’s views and Appriss does not have any obligation to monitor, edit, or review any user-submitted information. Appriss assumes no responsibility or liability arising from the user-submitted information.

The information submitted by users on our Site may be collected, transferred to, and stored by us in the U.S. and by our affiliates in other countries where we operate, including the EU. Therefore, data submitted by users located in the EU may be processed outside the European Economic Area (“EEA”), and in countries which are not subject to an adequacy decision by the European Commission, and which may not provide for the same level of data protection as in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commisson, or we will ask you for you prior consent to such international data transfers.

4.2. Appropriate conduct when submitting information or using or accessing the Site

You represent and warrant that information submitted by you on the Site is true and correct and that you have the right to submit any such information. You agree that you will not use language and content which may be reasonably regarded as inappropriate by other users. Your use of the Site and your submission of information on the Site must comply with any and all applicable laws.

You are responsible for your own conduct and communications relating to this Site and for any consequences thereof. You will be responsible for all obligations incurred, liabilities for harm caused, and actions taken through your use of or access to the Site. You agree to access and use the Site only to send and receive messages and material that are legal and are related to the lawful content on the Site.

By way of example, and not as a limitation, you agree that when using the Site, you will not:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b) upload, post or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;

(c) upload, post or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;

(d) upload, post or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms and Conditions or any other applicable policies or guidelines;

(e) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;

(f) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;

(g) promote or provide instructional information about illegal activities;

(h) promote physical harm or injury against any group or individual;

(i) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

(j) download, share, access, or otherwise use the Documentation and/or any other content on the Site for commercial purposes;

(k) rent, lease, loan, trade, or sell/re-sell the Documentation or access to the services or Documentation;

(l) remove any copyright, trademark, or other proprietary rights notices contained in or on the Site or Documentation;

(m) use bots, scripts, or other automated methods to access the Site or any of the services or Documentation;

(n) engage in “framing,” “mirroring,” or otherwise simulating the appearance of function of the Site or any Documentation; or

(o) access the services and/or Documentation through interfaces not expressly provided or authorized by Appriss.

4.3. Abusive user-submitted information

Appriss reserves the right to remove or change user-submitted information which it determines, in its sole discretion, violates these Terms and Conditions without any liability to you or any user. Appriss reserves the right to terminate your ability to access or use the Site or any Documentation and prevent your further access to the service or Documentation, if it, in its sole discretion, believes that you are violating or have violated the Terms and Conditions or any applicable law relating to the Site or Documentation.

4.4. Your rights to user-submitted information

Appriss claims no ownership or control over any the information submitted by you. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright, if any, to any information you submit and you are responsible for protecting those rights. By submitting information, you grant Appriss a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and create derivative works from the information you submit to the Site for the purpose of display and distribution. This license terminates when such information is deleted from the Site.

5. Privacy

Please refer to our Privacy Policy for more information.

6.  Indemnification

You agree to indemnify and hold Appriss harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Site and/or Documentation, including, but not limited to, any violation of these Terms and Conditions

7.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE DOCUMENTATION AND/OR SITE, OR ANY WEBSITE OR APPS WITH WHICH EITHER IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE THE AMOUNT YOU PAID APPRISS TO USE THIS SITE. YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE. No action, regardless of form, arising out of this agreement may be brought by you more than twelve (12) months after the cause of action first arose.

8.  Choice of Law

The Site, and these Terms and Conditions are made in Kentucky. These Terms and Conditions are subject to Kentucky law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the Commonwealth of Kentucky, Jefferson County.  You agree to submit to the jurisdiction of the courts located in the Commonwealth of Kentucky.

9.  Enforceability

 

Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.

 

Last Revised:  October 2018