Terms of Service
The following terms and conditions (the “Terms of Service”) form a binding agreement between you and us regarding your use of the Site and Services.
BY ACCESSING OR USING THIS WEBSITE, APPLICATION, AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO ALL OF THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, AND THAT SUCH ENTITY AGREES TO INDEMNIFY APIStrong FOR VIOLATIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, APPLICATION, OR SERVICE AND/OR IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. THESE TERMS OF SERVICE CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BETWEEN YOU AND APIStrong SOLUTIONS, INC. WITH RESPECT TO THIS AGREEMENT, AS FURTHER DETAILED HEREIN. THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO THE APIStrong SOFTWARE APPLICATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE SECTION 20 BELOW FOR MORE INFORMATION REGARDING ARBITRATION AND HOW IT DIFFERS FROM A PROCEEDING IN A COURT OF LAW.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR TO THE APIStrong SOFTWARE APPLICATION WILL BE GOVERNED BY AND UNDER THE LAWS OF THE STATE OF GEORGIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
If you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
APIStrong reserves the right to change or modify these Terms of Service or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications. You should frequently review these Terms of Service. If you do not agree to the amended terms, you must stop using the Sites.
You represent that you are at least 13 years of age. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
You represent that you are of legal age to form a binding contract.
You represent that you are not a person barred from using the Site, Application, or Services under the laws of the United States, your place of residence or any other applicable jurisdiction. Notice to Parents and/or Guardians of such account users: By granting your child permission to use the Sites, you agree to these Terms of Service. If your child or a minor for whom you are responsible is using the Sites and is either under 13 years of age or does not have your permission, please contact us so that we can disable his or her access to the Sites to the extent possible.
In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) provide true, accurate, current and complete information when creating your account; (b) maintain and promptly update your account information to keep it true, accurate, current and complete; (c) maintain the security of your account; (d) promptly notify APIStrong if you discover or suspect any security breaches relating to the Sites; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
If you provide any information that is untrue, inaccurate, not current or incomplete, APIStrong has the right to suspend or terminate your Account and refuse any and all current or future use of the APIStrong Properties (or any portion thereof). You agree not to create an Account using a false identity or information.
Your Account may be for a free version (e.g., temporary access to premium features for free) or for a premium version. Each version may have different features enabled and you will only be enabled to use the features applicable to the version you have registered for. You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users using our Website, Application, and/or Services are authorized to do so. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account Credentials.
You are also solely responsible for all transactions and activities undertaken by anyone or anything with any payment methods registered in your name, whether authorized or unauthorized. APIStrong shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions or other activities related to the Sites.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to APIStrong that you grant herein. APIStrong claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant APIStrong and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release APIStrong its affiliated companies and subsidiaries, and its or their respective officers, directors, employees, agents and subcontractors from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.Application
Subject to the terms of these Terms of Service, APIStrong grants you a personal, limited, non-exclusive, revocable, non-sub licensable, and non-transferable license to download and install the App in object code format, on one or more computer(s) solely for your own personal or internal business purposes. This license does not entitle you to receive from APIStrong hard-copy documentation, support, telephone assistance, or enhancements or updates to the App, though we may provide any of the foregoing in our sole discretion. In addition to the other restrictions set forth herein. You may not incorporate, integrate or otherwise include the App or any portion thereof into any other software, program or product.
You understand that the APIStrong Properties are evolving. As a result, APIStrong may require you to accept updates to the APIStrong Properties that you have installed on your computer. You acknowledge and agree that APIStrong may update the APIStrong Properties with or without notifying you.
The APIStrong Properties are designed to work with a number of third party mobile applications and other applications, however, the continued compatibility of APIStrong with a specific application is partially dependent on that third party. In order to maintain compatibility, you may need to update APIStrong from time-to-time and/or you may need to update third-party, to ensure compatibility. APIStrong cannot promise that all currently supported third party applications will always be compatible with APIStrong.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide APIStrong with a valid credit card (American Express, Visa, MasterCard, or any other issuer accepted by us) or other payment provider (such as PayPal) (“Payment Provider”), or in the case of large business clients, subject to APIStrong’s approval, at its sole discretion, purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing APIStrong with your credit card number and associated payment information, you agree that APIStrong is authorized to immediately invoice and charge your Account for all fees and charges due and payable to APIStrong hereunder and that no additional notice or consent is required. You agree that APIStrong may securely store your credit card or Payment Provider details for future payment processing and you agree to immediately notify APIStrong of any change in your billing address and/or the credit card and/or other payment account (e.g., PayPal) used for payment hereunder. APIStrong reserves the right at any time to change its prices and billing methods, either immediately upon posting on the APIStrong Properties or by e-mail delivery to you.
You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription package (each, a “Service Commencement Date”), irrespective of length of initial subscription (annual or otherwise). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and APIStrong for the Services until APIStrong accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
Features on the Sites, such as feedback, account management, and interaction with social media sites, may use, maintain, or transmit your personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), virtual card information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).
Except with respect to account email, stored data, and synced data, and unless otherwise indicated, you agree that APIStrong or its licensors own all rights to APIStrong Properties, including, without limitation, the APIStrong logo and all content, designs, text, graphics, photographs, video, messages, information, data, software, sound files, and/or other content accessible through APIStrong Properties; and are protected by U.S. and international intellectual property laws.
You agree that you will not remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the APIStrong Properties.
APIStrong does not claim ownership of any content, information, data, or other materials you post, upload to, or otherwise make available on the APIStrong Properties. You agree to allow APIStrong to reproduce, digitally transmit, and use your content for the purpose of providing you the Services.
You acknowledge and agree that you shall have no ownership in your Account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by APIStrong.
APIStrong and the APIStrong logo are registered trademarks of APIStrong All other APIStrong trademarks, service marks, domain names, logos, and company names of origin referred to on the Sites are either trademarks, service marks, domain names, logos, or company names of origin or are otherwise the property of APIStrong or its affiliates or licensors. In countries where any of the APIStrong trademarks, service marks, domain names, logos, or company names of origin are not registered, APIStrong claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, and company names of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, or trade name of origin of APIStrong or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, or trade name of origin.
All rights not expressly granted are reserved.
Your use or and access to the APIStrong Properties is subject to your compliance with these Terms of Service. Except as expressly permitted herein, you agree not to, and represent and warrant that you will not:
- License, sell, rent, lease, reproduce, resell, transfer, assign, distribute host or otherwise commercially exploit the APIStrong Properties or any portion of the APIStrong Properties;
- Conduct or promote any illegal activities while using the APIStrong Properties;
- Upload, distribute or print any content to the APIStrong Properties that is or may be harmful to minors;
- Upload User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers, or suppliers;
- Upload User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
- Unless specifically requested by APIStrong , share any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- Upload or make available any of Your Content that violates the rights of any third party, including any third party’s intellectual property rights;
- Reverse engineer, disassemble, decompile, or translate or jeopardize the correct functioning of the APIStrong Properties, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the APIStrong Properties;
- Attempt to gain access to secured portions of the APIStrong Properties to which you do not possess access rights, including the Stored Data or Synced Data of any other APIStrong users;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code to the APIStrong Properties;
- Use any automatic, electronic or manual process to harvest information from the APIStrong Properties
- Interfere with the proper functioning of the APIStrong Properties or interfere with or disrupt any servers or networks connected to the APIStrong Properties, or disobey any requirements, procedures, policies or regulations of networks connected to the APIStrong Properties;
- Institute, assist, or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the APIStrong Properties, or other attempts to disrupt the APIStrong Properties or any other person’s use of the APIStrong Properties;
- Attempt to probe, scan, or test the vulnerability of any APIStrong system or network, or breach any security or authentication measures;
- Disrupt or interfere with the security of, or otherwise cause harm to, the APIStrong Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through the APIStrong Properties or any affiliated or linked sites;
- Impersonate any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.
Enforcement of these Terms of Service, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Service in other instances. In addition, these Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Service. Although APIStrong has no obligation to screen, edit or monitor any of the User Content posted on the Sites, APIStrong reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content. Violations
If APIStrong becomes aware of any potential violations by you of the Terms of Service, APIStrong reserves the right to investigate such violations. If, as a result of the investigation, APIStrong believes that criminal activity has occurred, APIStrong reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. APIStrong is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the APIStrong Properties, including Synched Data, in APIStrong’s possession in connection with your use of the APIStrong Properties, to: comply with applicable laws, legal process or governmental request; enforce the Terms of Service; respond to any claims that Synched Data violates the rights of third parties, respond to your requests for customer service, or protect the rights, property or personal safety of APIStrong users of the APIStrong Properties or the public, and all enforcement or other government officials, as APIStrong in its sole discretion believes to be necessary or appropriate.
In the event that APIStrong determines, in its sole discretion, that you have violated or breached any portion of the Terms of Service, or have otherwise demonstrated conduct inappropriate for the APIStrong Properties, APIStrong reserves the right to: delete any synched data provided by you to the APIStrong Properties; discontinue your registration(s) with any of the APIStrong Properties (including any Services); discontinue your subscription of Services; use and/or send Synched Data to and/or cooperate with the proper law enforcement authorities for further action; and pursue any further action which APIStrong deems appropriate.
If your registration(s) to the APIStrong Properties is discontinued due to your violation and/or breach of any portion of the Terms of Service, then you agree that you shall not attempt to re-register or access the APIStrong Properties through use of a different member name, and you acknowledge that you will not be entitled to receive a refund for fees related to those APIStrong Properties to which your access has been terminated. In the event that you violate or breach the preceding sentence, APIStrong reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APIStrong PROPERTIES IS AT YOUR SOLE RISK. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS, INFORMATION AND SERVICES ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APIStrong DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, AND ACCURACY OF DATA, AS TO THE SITES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
APIStrong MAKES NO WARRANTY THAT THE APIStrong PROPERTIES WILL MEET YOUR REQUIREMENTS, OR THAT THE APIStrong PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES APIStrong MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APIStrong PROPERTIES, OR THAT DEFECTS IN THE APIStrong PROPERTIES CAN OR WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APIStrong PROPERTIES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APIStrong PROPERTIES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
WE DO NOT WARRANT THAT YOUR STORED DATA AND SYNCHED DATA WILL BE SECURE, WILL NOT BE CORRUPTED OR WILL NOT BE LOST.
APIStrong may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that APIStrong is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
APIStrong may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. APIStrong is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-APIStrong advertisers or third party information on the Sites.
APIStrong enables you to share access credentials for your third party accounts, along with secure notes and comments (collectively, access credentials and related notes and comments are referred to as “Third Party Account Information”) with other users of the Services that you designate (each, a “Recipient”). By sharing credentials or secure notes, you are authorizing APIStrong to share your Third Party Account Information with the Recipients. By granting certain admin privileges to a Recipient, you may also authorize APIStrong to allow that designated Recipient to reshare or update your Third Party Account Information. You are responsible for granting or revoking a Recipient’s access to your Third Party Account Information at all times. You acknowledge and agree that APIStrong has no control over any Recipient, and that APIStrong will not be liable for and you hereby waive any claim you may have arising from the actions of any Recipient. Electronic Communications
The communications between you and APIStrong use electronic means, whether you visit the APIStrong Properties or send APIStrong emails, or whether APIStrong posts notices on the APIStrong Properties or communicates with you via email. For contractual purposes, you (i) consent to receive communications from APIStrong in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. You further consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below, with the understanding that you will continue to receive administrative and legally required Communications. If you withdraw your consent, from that time forward, you must stop using the APIStrong Properties. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT APIStrong IS ONLY WILLING TO PROVIDE ACCESS TO AND USE OF THE APIStrong PROPERTIES PURSUANT THE LIMITATIONS OF OUR LIABILITY SET FORTH HEREIN.
YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APIStrong AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS WILL NOT BE LIABLE, IN ANY EVENT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE APIStrong PROPERTIES, OR, DAMAGES OR COSTS DUE TO LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RESULTING FROM: THE USE OR INABILITY TO USE THE APIStrong PROPERTIES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE APIStrong PROPERTIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE APIStrong PROPERTIES; ANY OTHER MATTER RELATED TO THE APIStrong PROPERTIES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR ANY OTHER LEGAL THEORY, UNDER NO CIRCUMSTANCES WILL THE APIStrong PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY APIStrong AS A RESULT OF YOUR USE OF THE APIStrong PROPERTIES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSET A CLAIM. IF YOU HAVE NOT PAID APIStrong ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT SUCH CLAIM, APIStrong ’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00) USD.
IN NO EVENT WILL THE APIStrong PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE APIStrong PROPERTIES. NOTWITHSTANDING THE FOREGOING, APIStrong DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY AN APIStrong PARTY’S NEGLIGENCE; OR FOR ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
You agree to defend, indemnify and hold harmless APIStrong , its affiliated companies and subsidiaries, service providers and consultants, and its or their respective officers, directors, employees, agents, shareholders, and subcontractors, from and against any costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, judgments, and demands of every kind or nature, including any reasonable attorney’s fees, costs, and expenses, arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Service; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites. APIStrong shall have control of any litigation or settlement negotiation arising out of Terms of Service or the subject matter thereof.
APIStrong reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that APIStrong will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Access to and use of the Sites and these Terms of Service are governed by U.S. federal law and/or the laws of the Commonwealth of Georgia, without resort to conflict of law provisions.Sending a Claim Notice
Before beginning an arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided electronically or to your billing address, where applicable. Notice to us must include your name and address, and be sent to APIStrong Suwanee, GA.Claims Resolution
Most customer concerns can be resolved by calling our customer service department at the number listed on our website. In the event that customer service is unable to resolve a complaint to your satisfaction, you and we agree to resolve your complaint through binding arbitration instead of courts of general jurisdiction.
Neither you nor we will have the right to litigate any claim in court or have a jury trial on any claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim.
For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claims, dispute or controversy relating to your use of the Sites, these Terms of Service, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims, and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with the Sites; and (4) claims that arise from or relate to (a) any use of the Sites, including any mobile application; (b) advertisements, promotions or statements related to any accounts, goods or services on or made available through the Sites, including any mobile application; (c) benefits, services, offers or promotions related to the APIStrong application (including fee-based or free benefit programs, enrollment services and reward programs); (d) any purchases made through one or more of the Sites, including any mobile application; and (e) your application for any account. You may not sell, assign or transfer a claim. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS AND IS PART OF YOUR CONTRACT WITH APIStrong IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and APIStrong in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND APIStrong WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.;
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with APIStrong.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Atlanta, Georgia.
Any arbitration will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other users of the Sites, including other mobile application account holders or users, or other persons similarly situated.
The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitation and privileges.
At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction.
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).Continuation
This Arbitration provision will survive termination of your mobile application account or use, any legal proceeding, and any bankruptcy. If any portion of this Claims Resolution section is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.Injunctive Relief
You acknowledge and agree that any breach of the Terms of Service by you is likely to cause APIStrong irreparable harm for which damages will not be an adequate remedy, and that APIStrong will, therefore, be entitled to temporary, preliminary, and permanent injunctive relief, without prejudice or waiver of any other right or remedy.Termination
Notwithstanding any of these Terms of Service, APIStrong reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.Waiver
Any waiver by APIStrong of the provisions of these Terms of Service or its rights or remedies under the terms herein must be in writing to be effective. Failure or delay by APIStrong to enforce the provisions of these Terms of Service or its rights or remedies hereunder at any time will not be construed and will not be deemed to be a waiver of its rights under these Terms of Service and will not in any way affect the validity of the whole or any part of these Terms of Service or prejudice APIStrong right to take subsequent action.Successors and Assignment
These Terms of Service are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign, in whole or in part, these Terms of Service without APIStrong written consent.Incorporation of Related Terms
For Apple® Devices (iOS), these Terms incorporate and supplement the Apple, Inc. ("Apple") Terms and Conditions (currently available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein ("Apple Terms").
For Android Devices, these Terms incorporate and supplement the Google Play Terms of Service (currently available at https://play.google.com/intl/en_us/about/play-terms.html) ("Android Terms").
You consent to receive all communications including notices, agreements, disclosures, or other information from APIStrong electronically. APIStrong may provide all such communications by email, by or through the Sites, or through other electronic means.Changes to This Agreement
This Terms of Service agreement is subject to occasional revision. When changes are made, APIStrong will make a new copy of the Terms of Service available at the Site and within the App, and will also update the “Last Updated” date at the bottom of the Terms of Service. If we make any material changes to it, we will notify you by sending you an e-mail to the last e-mail address you provided to us. Any changes to this Terms of Service Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or, thirty (30) calendar days following our posting of notice of the changes. Any changes to the Terms of Service will be effective immediately for new users of the APIStrong Properties. Please note that at all times you are responsible for updating your email address with us. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the Services following notice of such changes shall indicate your agreement to be bound by the terms and conditions of such changes. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the APIStrong Properties. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
Last Updated: 11 Nov. 2021