READ THESE TERMS CAREFULLY BEFORE SUBMITTING AN APPLICATION FOR REGISTRATION TO USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY PART THEREOF, YOUR ONLY REMEDY IS TO REFRAIN FROM USING THE SERVICE. BY USING THE SERVICE, YOU INDICATE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED, WITHOUT QUALIFICATION OR LIMITATION, THESE TERMS.
1.1 The Service requires a provisioned “Account” through which the Service may be accessed and used. In order to obtain a provisioned Account from AppMAX, you must: (i) acknowledge that you have read and accepted these Terms of Service; (ii) provide a valid e-mail address to which you have right and permission to access and read e-mail communications; and (iii) provide any other information required by AppMAX during the enrollment registration process.
1.2 You represent and warrant to AppMAX that the information provided by you in the enrollment registration process is accurate and complete and that you will promptly update your Account and profile information during the term of this Service.
1.3 If you are registering on behalf of an entity, you represent and warrant to AppMAX that you have full right, power, and authority to bind such entity as the User to these Terms, including, without limitation, the use of the Site, collection, storage, and use of hosted data.
1.4 You are responsible for maintaining the security of your Account and password necessary to access your Account. It is important that you prevent unauthorized access to your Account and information by using a unique, secure, and protected password and limiting access to your password and your device. You are encouraged to change your password periodically, which you may do by accessing the “My Password” screen under the “My Account” portion of the Service. AppMAX cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are solely responsible for any breaches of security affecting your network or the servers under your control. We will never e-mail you to ask for your password or other Account information. If you receive such an e-mail, do not reply with your Account information, and please forward the e-mail to us at email@example.com. You should notify AppMAX via e-mail at firstname.lastname@example.org immediately of any unauthorized use of your password or Account or other security breach affecting the Service.
1.6 AppMAX reserves the right to refuse registration of, or cancel immediately and without notice, accounts it deems inappropriate.
1.7 One person or entity may not maintain more than one free AppMAX Service Account. Accounts registered by automated methods, agents or “bots” are not permitted and represent a violation of these Terms of Service.
- Use, Restrictions, and Responsibilities
2.1 User must use the Service at all times strictly in accordance with all policies, domestic and international laws and regulations, including without limitation those relating to the use of the Internet, electronic communications, anti-spam, privacy, obscenity, defamation and applicable export laws. AppMAX reserves the right, but assumes no responsibility or obligation, to monitor your conduct and use of the Service. AppMAX may, at its own discretion, take action to remediate any problems caused by violations (or alleged violations) of these Terms, including but not limited to, suspension of access (in part or in whole) to the Service and/or suspension or termination of the User’s Account.
2.2 You must comply with all domestic and international laws and regulations applicable to bulk or commercial e-mail with respect to your use of the Service. User represents and warrants to AppMAX that it will use the Service in full compliance with the CAN-SPAM Act, including but not limited to:
2.2.1 User will not use false or misleading e-mail header information. The AppMAX Service does not allow the manipulation of any e-mail header information by the User. The User agrees not to use e-mail relays or other agents in conjunction with the Service to deploy or send e-mail in any way that generates false or misleading e-mail header information.
2.2.2 User will not use deceptive subject lines. This means that any subject line attached to any e-mail sent in conjunction with use of the Service must clearly relate to the content of the e-mail. AppMAX policy and federal law prohibit the use of deceptive or misleading subject lines.
2.2.3 User will use and apply the Opt-Out mechanism of the Service to any e-mail sent through the AppMAX mail servers to provide a clear, easy to use, and fully functional unsubscribe method for the recipient of e-mail.
2.2.4 User will provide a valid physical postal address within the content of the message using the mechanism of the Service. The CAN-SPAM law requires that the “sender of the e-mail” (i.e. the person or company identified in the “From” label) to display a physical postal address within the content of the message. The AppMAX Service provides this function automatically in the standard footer on all e-mail composed and sent through the Service. AppMAX requires that ALL Users of the Service provide a valid and accurate postal address for this purpose.
2.3 In addition, you may not send any Unsolicited E-mail by use or means of the Service. “Unsolicited E-mail” is any electronic communication sent to persons other than: (i) persons with whom you have an existing business relationship; or (ii) persons who have consented to the receipt of such e-mail, including publishing or providing their e-mail address in a manner from which consent to receive e-mail of the type transmitted may be reasonably implied.
2.3.1 At AppMAX’s request as needed to respond to an e-mail related complaint, you will promptly provide AppMAX information you have available documenting the business relationship or consent of the complainant, and will otherwise reasonably cooperate with AppMAX in responding to such complaints and mitigating the effect on the Service or AppMAX’s (or its service provider’s) network.
2.3.2 You must have procedures in place to allow a Prospect, Lead, or Recipient of e-mail to easily revoke their consent to receiving e-mail, such as through an opt-out link in the body of the e-mail. The AppMAX Service automatically provides such an opt-out link via its standard e-mail footer method. These policies apply to all electronic communications sent in conjunction with using the Service, including e-mail sent through AppMAX’s servers and sent through Microsoft Outlook (or Lotus Notes) by use of the downloaded connector of the Service.
2.3.3 AppMAX may, but is not required to, test or otherwise monitor your compliance with these requirements and may block the transmission of e-mail that violates these provisions.
2.5 These Terms of Service are an agreement for use of the Service made available through the Site. All content on this Site, including, without limitation, the text, graphics, layout, images, icons, logos, buttons, illustrations, video, audio, and software, is protected by copyright or trademark law. As a user of the Site, we grant you a limited, nontransferable, nonsublicensable, nonexclusive, revocable, and personal license to access and use the Site solely as permitted by these Terms. Except for this limited license, we do not grant you any other rights or licenses with respect to this Site, and such rights and licenses are expressly reserved to us. User will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any Software; use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels, or build a competitive product or service. PMG may revoke the license granted herein at any time, with or without notice, and with or without cause. While using the Site, you agree that you will not:
- Violate any laws, third-party rights, or our Terms or Policies;
- Manipulate or interfere with the Site and/or the content on the Site;
- Circumvent or manipulate any security features or bypass measures we may use to prevent or restrict access to the Site or portions thereof;
- Distribute viruses or any other technologies that may harm the Site or the interests or property of its users;
- Use any robot, spider, scraper, or other automated means to access or monitor the Site for any purpose without our express written permission;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large loan on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Use the Site to send altered, deceptive, or false source-identifying information; or
- Copy, modify, or distribute content from the Site or otherwise violate any person’s or entity’s copyrights or trademarks.
2.6 In the course of navigating the Site and using the Service, User may provide AppMAX with feedback, including, but not limited to, suggestions, observations, errors, problems, and issues regarding the Service and Site (collectively “Feedback”). You hereby grant to AppMAX a worldwide, irrevocable, perpetual, royalty-free, transferable, and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from, and otherwise exploit all such Feedback.
2.7 You must obtain, at your own expense, the appropriate Internet connections and equipment needed to access and use the Service. You also must use reasonable security precautions in connection with your use of the Service.
3.1 PMG retains the right to change the form and functionality of the Site without prior notice to you. We also retain the right to create limits on and related to use of the Site in our sole discretion at any time with or without notice. We may impose limits on the Site or aspects of the Site or restrict access to parts of or the entire Site without notice or liability. We may change, suspend, or discontinue any parts or the entire Site at any time, including the availability of any feature or content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. Unless explicitly stated otherwise, any modifications that augment or enhance the current Site shall be subject to these Terms. We further reserve the right to modify our pricing and will notify you when this occurs.
4.1 User may terminate the Service at any time, by providing thirty (30) days written notice prior to the commencement of the next renewal term either by sending an e-mail message to email@example.com or by sending written notice to: PMG Marketing, LLC, 2477 Valleydale Road, Birmingham, AL 35244, USA. Termination notice will still be bound by term length designated on the signed order form. Orders will automatically renew unless written notice of termination is sent at least thirty (30) days prior to the commencement of the next renewal term unless specifically designated on the order form.
4.2 AppMAX may, in its sole discretion and without notice to you, suspend or terminate your Account or remove any content transmitted via the Service. You must cooperate with AppMAX’s reasonable investigation of any suspected or alleged violation of the Policy. AppMAX will attempt to contact the primary User of the Account by e-mail prior to suspension of access to the User’s Account, however, prior notification is not assured and AppMAX has no obligation of prior notification. Upon termination of access to the Site, your right to use or access the Site will immediately cease. Termination of access to the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to us or any third party. You agree that we shall not be liable to you or any third party for any termination of access to the Site. You are strictly responsible for the use of the Service by you or by means of your Account in violation of this Policy, including use by your employees, customers and agents, and including unauthorized use (but not including unauthorized use that results from AppMAX’s material failure to perform its obligations under the Terms of Service).
4.3 Upon termination for any reason, AppMAX may, at its sole discretion, delete any User archived data within thirty (30) days after the date of termination. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, indemnity provisions, warranty disclaimers, and limitations of liability.
4.4 If User does not log into its account for more than ninety (90) days, the Account may become inactive. When an Account is classified (at AppMAX’s sole discretion) as inactive, PMG will notify User by e-mail. INACTIVE ACCOUNTS HAVE THIRTY (30) DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING TRACKING RESULTS, MAY BE PERMANENTLY REMOVED FROM THE AppMAX DATA STORE.
- Warranty Disclaimer
5.1 We cannot guarantee continuous or secure access to our Services, and the operation of the Site may be interfered with by numerous factors outside of our control. PMG operates the Site to provide information that may be helpful to you. However, we cannot guarantee that all information on the Site will be accurate or timely at all times. YOU USE THE SERVICE AT USER’S OWN RISK. AppMAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND AppMAX DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES FOR THE SECURITY, AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF CONTENT INCLUDED ON THE SITE AND ANY WARRANTIES THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR VIRUS-FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. AppMAX MAKES NO WARRANTY THAT: (i) THE SITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS; (ii) THE SITE AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
- Limitation of Liability
6.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY AppMAX, YOU UNDERSTAND THAT AppMAX AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN FORESEEN. You acknowledge and agree that the Service may be subject to limitations, delays, temporary outages, and other problems inherent to the use of the Internet or caused by computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, or acts of God, and that AppMAX is not responsible for any damage, harm, or losses resulting from such problems.
6.2 NO CLAIM MAY BE ASSERTED BY EITHER PARTY AGAINST THE OTHER PARTY WITH RESPECT TO ANY EVENT, ACT, OR OMISSION THAT OCURRED MORE THAN TWO (2) YEARS PRIOR TO THE TIME SUCH CLAIM ARISES. THIS PROVISION DOES NOT EXTEND ANY STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.
6.3 TO THE FULLEST EXTENT PERMITTED BY LAW, PMG SHALL NOT BE LIABLE FOR DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT. THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
6.4 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, THE EXCLUSION OF DAMAGES, OR THE LIMITATION OF LIABILITY, SO SUCH DISCLAIMERS, EXLCUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED IN THEIR APPLICABILITY TO YOU.
6.5 The limitations of damages and liability set forth above are fundamental elements of the basis of the bargain between PMG and the User. The AppMAX Site and the Service would not be provided by PMG without such limitations.
- Export of Services or Technical Data
7.1 User may not, and agrees not to, remove or export from the United States or allow the export or re-export of the Site and/or Service, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
8.1 User agrees to defend, indemnify and hold the Site and its affiliates, agents, employees, and licensors harmless from any claim, suits, demand, liabilities, losses, settlement, judgment, damages, costs, and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of: (i) your use or misuse of the Site; (ii) your connection to the Site; (iii) your violation of these Terms or any other policies on this Site; or (iv) your violation of any law or the rights of a third party. We shall promptly notify you of such claim, and we shall be entitled to participate in the defense of such claim without waiving or reducing any of your obligations to defend, indemnify, or hold us harmless. You shall also indemnify us for any expenses incurred in enforcing this Section.
8.2 AppMAX will charge you, and you agree to pay, its reasonable hourly rate for recovery resulting from breach of these Terms plus the cost of equipment and material needed to: (i) investigate or otherwise respond to any suspected violation of these Terms; (ii) remedy any harm caused to AppMAX, its service provider, or any of its customers by your violation of these Terms or the use of your Account in violation of these Terms; (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act; (iv) respond to subpoenas and other third party requests for information as described in these Terms; and (v) have AppMAX’s (or its service provider’s) Internet Protocol numbers removed from any “blacklist” or other abuse databases or other service provider’s e-mail blocking systems.
9.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
9.2 Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties barring any written waiver, modification, or contrary or supplemental agreement signed by both parties. Barring any such writing signed by both parties, there Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms to the extent they are contrary to these Terms. Any subsequent waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
9.3 No agency, partnership, joint venture, or employment is created as a result of these Terms, and User does not have any authority of any kind to bind AppMAX in any respect whatsoever.
9.4 In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and attorneys’ fees.
9.5 Our failure to act with respect to a breach by you or others or to exercise, in any way, any right provided for herein, does not waive our right to act with respect to subsequent or similar breaches and shall not be deemed a waiver of any such right or further rights hereunder. We do not guarantee we will take action against all breaches of these Terms.
9.6 These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. We may assign these Terms in whole or in part at any time, in our sole discretion, without your consent.
9.7 These Terms shall be treated as though they were executed and performed in the State of Alabama (USA) and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Alabama without regard to conflicts of laws principles or the laws of your actual state or country of residence. These Terms shall be interpreted in accordance with their fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the federal or state courts located in Shelby County, Alabama, and User expressly submits to the jurisdiction of, and venue in, such courts. User further consents to extra-territorial service of process.
9.8 PMG makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with all laws and regulations.
9.9 Clicking on “I agree”, signing the AppMAX agreement, or otherwise using the Service constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with AppMAX electronically or manually. User agrees that AppMAX may send in electronic form any notices or other communications relating to the Service (“Notices”) to you, at AppMAX’s option, to the e-mail address that you provided during registration (or such other e-mail address of which you notify AppMAX as provided in paragraph (1.1) above) or by posting the Notice on the applicable Service or otherwise on the Site. The delivery of any Notice from AppMAX is effective when sent, regardless of whether or when you read the Notice or whether you actually receive the delivery. All agreements completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This document was last updated on February 10, 2016.