ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
The Services are for entertainment purposes only. APYGUY provides users with access to the personal experiences and blogs of the authors contributing to this website. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOS. You understand and agree that the Services are provided “AS-IS” and “AS-AVAILABLE” and that APYGUY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or comments. You are responsible for obtaining access to the Services (including any mobile versions, apps, or other electronic means), and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You agree to not use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a APYGUY official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
“stalk” or otherwise harass another; and/or
You acknowledge that APYGUY may or may not pre-screen Content, but that APYGUY and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, APYGUY and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by APYGUY or submitted to APYGUY, including without limitation information in APYGUY message boards and in all other parts of the Services.
You acknowledge, consent and agree that APYGUY may access, preserve and disclose your Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of APYGUY, its users and the public.
APYGUY and its owners, employees, agents and affiliates, does not advocate, endorse, or provide any assurances, warranties or representations about third-party products or services that may be accessed via the Site, and is not an agent or advisor to you about any third-party services such as banks, credit card companies, mortgage brokers, insurance agents or brokers, or financial companies. APYGUY makes no independent investigation or validation of third-party licenses, certifications, or other legal requirements applicable to third-party services. You are solely responsible for the investigation of all third-parties and the services provided thereby. APYGUY makes expressly disclaims all representations and warranties related to the accuracy of any quotes, terms, fees, rates, incentives, bonuses, points, or other terms related to third-party products and services. APYGUY SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATED TO YOUR USE OF THIRD-PARTY PRODUCTS OR SERVICES. Please consult your own financial advisors, attorneys, or other qualified professionals before electing to participate or purchase any third-party services. All decisions to purchase or obtain third-party products or services shall be at your own risk, and you fully and completely waive all claims and causes of action against APYGUY related to your use of the Services or any third-party products or services.
CHILDREN ONLINE PROTECTION ACT NOTIFICATION
Parental control protections, including but not limited to filtering services, computer hardware and software, are commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org’s website, https://www.parentalsoftware.org.
The Site may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users of the Site to contribute information, ideas, suggestions, documents, proposals and make statements (collectively “Contributions”). APYGUY is not involved in the actual transmission of Contributions provided for in the Forums. As a result, APYGUY does not approve or endorse any Contributions in the Forums, and you hereby acknowledge and agree that APYGUY has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any Contributions provided by you or any other person or entity in the Forums. You may find Contributions posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on Contributions published in the Forums.
CONTRIBUTIONS TO APYGUY
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to APYGUY through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) APYGUY is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) APYGUY shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) APYGUY may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of APYGUY without any obligation of APYGUY to you; and (f) you are not entitled to any compensation or reimbursement of any kind from APYGUY under any circumstances.
You agree to indemnify and hold APYGUY and its members, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this TOS by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by APYGUY; (iii) your access or use of the Site; (iv) your transmissions, submissions or postings (i.e., your own Contributions); and/or (v) any personal injury or property damage caused by you.
NO COMMERCIAL REUSE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Content, advertisements, Software and Contributions).
MODIFICATIONS TO SERVICES
APYGUY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that APYGUY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You agree that APYGUY may, without prior notice, immediately terminate, limit your access to or suspend your access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in APYGUY’s sole discretion and that APYGUY shall not be liable to you or any third party for any termination of access to the Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that APYGUY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that APYGUY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that APYGUY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
APYGUY’s PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by APYGUY or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, the Content or the Software, in whole or in part. You shall be solely responsible for any damage resulting from your infringement of APYGUY’s or any third party’s intellectual property rights regarding the Content, the Services or the Software and/or any other harm incurred by APYGUY or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this TOS.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APYGUY AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SAFETY, RELIABILITY, TITLE, TIMELINESS AND COMPLETENESS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
APYGUY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. APYGUY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT APYGUY IS NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT APYGUY IS SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, APYGUY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
APYGUY AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:
THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APYGUY OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APYGUY AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE SERVICES, THE CONTENT OR THE SOFTWARE, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APYGUY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APYGUY’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OWNERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
APYGUY may provide you with notices, including those regarding changes to the TOS, including but not limited to email, posting on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
You agree that all of APYGUY’s trade names, service marks and other APYGUY logos and brand features, and product and service names are trademarks and the property of APYGUY, LLC (the “Marks”). Without APYGUY’s prior permission, you agree not to display or use in any manner the Marks.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
It is APYGUY’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. APYGUY shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of APYGUY and/or others.
APYGUY will take reasonable steps to promptly notify the Subscriber that APYGUY has removed or disabled access to the material.
Entire Agreement.The TOS constitutes the entire agreement between you and APYGUY and governs your use of the Services, superseding any prior version of this TOS between you and APYGUY with respect to the Services.
Choice of Law and Forum. You and APYGUY each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and APYGUY shall be brought exclusively in the courts located in Travis County, Texas or the U.S. District Court for the District of Texas. You and APYGUY agree to submit to the personal jurisdiction of the courts located within Travis Country, Texas or the District of Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of APYGUY to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.