Terms of Use

  1. Acknowledgement and Acceptance of Terms

    2. Third Ave Labs, Inc., a California corporation (referred to as "us" or "we"), provides the Apptizr service (the "Service"), including the www.apptizr.com site (the "Site") and the mobile application Apptizr (the "App"), subject to your compliance with all the terms, conditions, and noticies contained or referenced herein (the "Terms of Use"). In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in the Terms of Use. By using the Service, you agree to the Terms of Use. If you do not agree, do not use the Service.

    We reserve the right to change the Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Service and the Terms of Use periodically to learn of any modifications. Your continued use of the Service after the posting of any modifications shall constitute your agreement to be bound by such modified Terms of Use.

    We may modify, suspend, discontinue or restrict the use of the Service, any portion thereof or any content at any time with or without notice to you.

  2. Age Requirement

    3. The Service is only available for individuals age 13 years or older. If you are between the ages of 13 and 18, you should review the Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand the Terms of Use.

  3. Password

    4. When you sign up to become a Apptizr Member, you will also be asked to select a password that you may later change. You are entirely responsible for maintaining the confidentiality of your password and all use of your Apptizr Profile. You agree not to use the Apptizr Profile or password of another Apptizr Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Apptizr Profile or access to your password.

  4. Fees

    5. Currently, we provide the Service for free to all consumers. You acknowledge that we reserve the right to charge for the Service and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Apptizr Profile. Upon using the Service, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.

  5. Restrictions

    6. Multiple Apptizr accounts held by the same individual are subject to termination unless expressly authorized in advance and in writing by Us. Accounts created with the primary intention to promote a product or service are considered "SPAM" and subject to termination unless expressly authorized in advance in writing by Us.

  6. Intellectual Property

    7. You acknowledge that we owns all right, title and interest in and to the Service, including without limitation, the Site, the App, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the "Content"), including but not limited to the design, structure, arrangement and "look and feel" of such Content, is owned by or licensed to us and is protected by copyright, trademark and other intellectual property rights and laws.

    Except as expressly provided in the Terms of Use, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for public or commercial purposes.

  7. Term

    8. This Agreement shall remain in full force and effect while you use the Service or are a Apptizr Member. You may delete your Apptizr Profile and end your membership at any time, for any reason. We may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your Apptizr Profile.

  8. Use of Service

    9. Your use of the Service is subject to all applicable laws and regulations.

    You may not:

    • use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;
    • attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password "mining" or any other illegitimate means;
    • probe, scan or test the vulnerability of the Service or any Content, or any system or network connected to the Service;
    • reverse look-up or trace any information of any other Service user or visitor or otherwise use the Service for the purpose of obtaining information of any other Service user or visitor;
    • use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person's use of the Service; or
    • use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Use.

    Any unauthorized use of the Service or any Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

  9. Use of Software

    10. Any software that is made available via the Service shall be governed by the terms of the license agreement that accompanies the software or is posted with the software download or at the Service page where the software can be accessed; provided, however, if no such license agreement is made available, we grant you a revocable, worldwide, royalty-fee, non-assignable, non-exclusive license to use the Software for your personal, noncommercial use in accordance with the Terms of Use. In the event of any inconsistency between the Terms of Use and any license agreement, the license agreement shall govern in relation to the software.

    You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software.

    The software may automatically download and install updates from us from time to time. These updates are designed to improve, enhance and further develop the software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.

  10. Account Information

    11. Certain features or services offered on or through the Service may require you to open an account (including a user name and password). You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. It is your sole responsibility to: (i) control the dissemination and use of your account and password; and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.

  11. Privacy

    12. Our Privacy Policy applies to the use of the Service and its terms are made a part of the Terms of Use by this reference. To view our Privacy Policy, click here.

  12. Disclaimer of Warranties and Limitation of Liability

    13. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, freedom from interruption, viruses OR OTHER DEFECT, AND NON-INFRINGEMENT.

    YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR officers, DIRECTORS, emPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS (our "AFFILIATES") BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES.

  13. Termination and Indemnity

    14. You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Service without prior notice to you for violating any of the Terms of Use or for any other reason whatsoever.

    You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims or expenses (including attorneys' fee) made against us by any third party due to or arising out of your use of the Service.

  14. User Submissions

    15. If you make any submission to us, you agree that you will not send or transmit any communication or content that: (i) is defamatory, indecent, harassing or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data.

    All e-mail and other correspondence that you submit to us shall become our sole and exclusive property.

    If you submit any business information, idea, concept or invention to us, such submission shall be considered: (i) non-confidential; and (ii) our sole and exclusive property. We will have no obligation of any kind with respect to the submission, and we will be free to use or further transmit such submission for any purpose.

  15. Links

    16. We may provide links to third-party websites. We do not recommend or endorse the content of any third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

  16. Notices

    17. We may send you notice with respect to the Service by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Service. Any notices will be deemed delivered to the party receiving such communication: (i) one business days after deposit with an overnight carrier; (ii) three business days after mailing date if sent by postal mail; (iii) the date of transmittal if sent via email; or (iv) the date we post the notice to the Service.

  17. Governing Law, International Use

    18. The Terms of Use will be governed by and construed in accordance with the internal laws of the State of California, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the sate and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue.

    Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing the Service from territories where its use is illegal is prohibited.

  18. Entire Agreement

    19. The Terms of Use represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

  19. Waiver

    20. Any failure by us to enforce or exercise any provisions of the Terms of Use shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

  20. Attorneys' and Accountants' Fees

    21. In any action to enforce the Terms of Use, the prevailing party shall be entitled to attorneys' and accountants' fees and costs.

This document was last revised January 13, 2010.