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THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLOADING SL. ("APPLOADING") STATING THE TERMS THAT GOVERN YOUR USE OF THE APPLOADING INTRANET SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT ("APPLOADING INTRANET"). TO AGREE TO THESE TERMS OF SERVICE, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK "AGREE," AND DO NOT USE APPLOADING INTRANET. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND APPLOADING MAY REFUSE ACCESS TO APPLOADING INTRANET FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE.
1. ACCESS. Access to APPLoading Intranet is provided to any personnel. In addition, advanced or limited access to APPLoading Intranet for certain purposes is available to authorized personnel of entities that have applied, and have been invited by APPLoading, to enter into an Agreement. Your access to APPLoading Intranet services may be further limited by the APPLoading Intranet administrative user(s).
2. SYSTEM REQUIREMENTS. Use of APPLoading Intranet and apps requires compatible hardware, Internet access, and may require obtaining updates or upgrades from time to time. Because use of APPLoading Intranet involves hardware, software, and Internet access, your ability to use APPLoading Intranet may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
3. AGREEMENT. Your use of APPLoading Intranet is subject to the terms of your applicable Agreement, including, without limitation, its confidentiality provisions. In the event of any conflict between these Terms of Service or any information provided on APPLoading Intranet, on the one hand, and your applicable Agreement, on the other hand, the terms of the Agreement shall govern.
4. YOUR INFORMATION. You agree to provide accurate, current, and complete information required to register with APPLoading Intranet and at other points as may be required in the course of using APPLoading Intranet ("User Data"). You hereby confirm that any User Data you already have provided to APPLoading (including, without limitation, in the APPLoading application process or through prior use of APPLoading Intranet) has been accurate, current and complete. You further agree to maintain and update your User Data as required to keep it accurate, current, and complete.
5. ACCOUNT AND PASSWORD. As a registered user of APPLoading Intranet, you must establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify APPLoading of any unauthorized use of your Account or any other breach of security. APPLoading shall not be responsible for any losses arising out of the unauthorized or other improper use of your Account.
6. INTELLECTUAL PROPERTY. a). Acknowledgement of Ownership. You agree that APPLoading Intranet contains proprietary information and material that is owned by APPLoading and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of APPLoading Intranet and applications in compliance with these Terms of Service. No portion of APPLoading Intranet and applications may be reproduced in any form or by any means. b). Copyrights. All copyrights in and to APPLoading Intranet, applications and contents are owned by APPLoading and/or its licensors.
7. Disclaimer of Warranties; Liability Limitations. a). APPLOADING DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF APPLOADING INTRANET WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLOADING MAY REMOVE APPLOADING INTRANET (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER APPLOADING INTRANET IN ITS ENTIRETY, AT ANY TIME, WITHOUT NOTICE TO YOU.
b). YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, APPLOADING INTRANET IS AT YOUR SOLE RISK. APPLOADING INTRANET AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH APPLOADING INTRANET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
c). IN NO CASE SHALL APPLOADING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF APPLOADING INTRANET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF APPLOADING INTRANET, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA APPLOADING INTRANET, EVEN IF ADVISED OF THEIR POSSIBILITY. d). APPLOADING DOES NOT REPRESENT OR GUARANTEE THAT APPLOADING INTRANET WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLOADING DISCLAIMS ANY LIABILITY RELATING THERETO.
9. INDEMNITY. BY USING THE APPLOADING INTRANET SERVICE, YOU AGREE TO INDEMNIFY AND HOLD APPLOADING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR YOUR OTHER IMPROPER, UNAUTHORIZED OR UNLAWFUL USE OF APPLOADING INTRANET.
10. NOTICES. APPLoading may send you notice with respect to APPLoading Intranet and applications technical or commercial, including payment plan changes, and or by sending an email message to the email address listed in your Account contact information or by a posting on APPLoading Intranet. Notices shall become effective immediately.
11. These Terms of Service constitute the entire agreement between you and APPLoading and govern your use of APPLoading Intranet, superseding any prior agreements between you and APPLoading. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. APPLoading's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. APPLoading will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Last updated: April 30, 2012
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