TERMS OF SERVICE
XAPPABLE Web Site Agreement
When you use or browse the website (www.xappable.com), you are giving us your permission and consent to send you email and/or SMS text messages. By visit our website you automatically confirm that you accept all terms in this agreement.
We provide a service that currently allows you to receive requests for feedback, company information, promotional information, company alerts, coupons, discounts and other notifications to your email address and/or cellular phone or device. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as SMS text messages, Internet service provider or cellular airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of each SMS text message sent to you by us. In addition, you must provide and are responsible for all equipment necessary to access the Service and receive the SMS text messages. We do not charge any fees for delivery of email or SMS. This is a free service provided by us. However, please check with your internet service provider and cellular carrier for any charges that may incur as a result from receiving email and SMS text messages that we deliver upon your opt-in and registration with our email and SMS services. You can cancel at any time. Just text "STOP" to . After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account/profile and refuse any and all current or future use of the Service (or any portion thereof).
The http://www.xappable.com Web Site (the "Site") is an online information service provided by ("http://www.xappable.com"), subject to your compliance with the terms and conditions set forth below. please read this document carefully before accessing or using the site. by accessing or using the site, you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, you may not access or use the site. http://www.xappable.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. you agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are http://www.xappable.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to http://www.xappable.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to http://www.xappable.com by all means and in any media now known or hereafter developed. You also grant to http://www.xappable.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against http://www.xappable.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to http://www.xappable.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of http://www.xappable.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by http://www.xappable.com, http://www.xappable.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for http://www.xappable.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with http://www.xappable.com a. You also understand that http://www.xappable.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. http://www.xappable.com provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and http://www.xappable.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. http://www.xappable.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. http://www.xappable.com has no control over and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will http://www.xappable.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if http://www.xappable.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, http://www.xappable.com liability is limited to the greatest extent permitted by law.
http://www.xappable.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- http://www.xappable.com web site, please understand that it is independent from http://www.xappable.com, and that http://www.xappable.com has no control over the content on that web site. In addition, a link to a http://www.xappable.com web site does not mean that http://www.xappable.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless http://www.xappable.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of http://www.xappable.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service),
4 (Third Party Rights) and
shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of USA applicable to agreements made and to be performed in USA. You agree that any legal action or proceeding between http://www.xappable.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in USA . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. http://www.xappable.com 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. http://www.xappable.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.