Terms of Use

The AppFirst, Inc. web site (the “Site”) is a copyrighted work belonging to AppFirst, Inc. (“AppFirst”). AppFirst grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. These Terms of Use also apply to any resources and tools provided through the Site, including but not limited to download areas, research areas, community forums, chat rooms, blogs, and product information. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

1. License. AppFirst owns and operates the Site. The documents and other information and content available on the Site (the “Site Content”) are protected by intellectual property laws, including copyright and trademark laws, throughout the world. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. AppFirst and its suppliers reserve all rights not granted in these Terms of Use.
2. Trademarks. “AppFirst” and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of AppFirst and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
3. Modification. AppFirst reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that AppFirst will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
4. Feedback. AppFirst will treat any feedback or suggestions you provide to AppFirst as non-confidential and non-proprietary. Thus, in the absence of a written agreement with AppFirst to the contrary, you agree that you will not submit to AppFirst any information or ideas that you consider to be confidential or proprietary.
5. Member Account, Password, and Security. If any of the services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AppFirst immediately of any unauthorized use of your account or any other breach of security. AppFirst will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AppFirst or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
6. Use Terms

   Personal Non-Commercial Use: The Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

   No Unlawful or Prohibited Use: You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

   1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. use the Site, or other activities to “stalk” or otherwise harass or harm another;
   3. impersonate any person or entity, including, but not limited to, an AppFirst official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
   5. 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);
   6. 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;
   7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
   8. 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;
   9. you may not use the Site in any manner that could damage, disable, overburden, or impair any AppFirst server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Site or interfere with any other party’s use and enjoyment of the Site;
   10. you may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any AppFirst server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
   11. 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, and any regulations having the force of law; and/or
   12. 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.
7. Mailings; Privacy. By submitting your contact information and any other personal information through the Site, you hereby authorize AppFirst to use and disclose this information, including for the purposes of sending periodic mailings to you about AppFirst products, services, and news. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content). Except as expressly provided in these Terms of Use, the terms and conditions of AppFirst’s current Privacy Policy apply to your use of the Site. The Privacy Policy is set forth on AppFirst’s website, currently at www.appfirst.com/privacy, and is incorporated into, and considered a part of, these Terms of Use. You are responsible for regularly reviewing the Privacy Policy, as AppFirst may change its terms from time to time in AppFirst’s discretion.

8. Third Party Links. The Site may contain links to other web sites operated by third parties.  Such third party web sites are not under the control of AppFirst.  AppFirst is not responsible for the content of any third party web site or any link contained in a third party web site.  AppFirst provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.  If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.

9. Warranty Disclaimer.  APPFIRST IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK.  APPFIRST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT.  APPFIRST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THE SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THE SITE AND MAY CONTAIN ERRORS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10. Limitation of Liability.  IN NO EVENT SHALL APPFIRST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT APPFIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.   APPFIRST’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE SITE CONTENT, OR ANY CHANGES APPFIRST MAY MAKE TO THE SITE, SITE CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THESE LIMITATIONS ON APPFIRST’S LIABILITY SHALL APPLY WHETHER OR NOT APPFIRST HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

11. Indemnification: You agree to indemnify and hold AppFirst and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Site, your use of the Site or Site Content, your connection to the Site or Site Content, your violation of these Terms of Use , or your violation of any rights of another.

12. Accuracy and Completeness: AppFirst does not warrant the accuracy or completeness of the Site Content information, text, graphics, links or other items contained within the Site.

13. Content Related Notices
a.                  Ownership: You acknowledge and agree that AppFirst owns all legal rights, title and interest in and to the Site Content and Site, including any AppFirst trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without AppFirst’s prior written permission. Except as expressly provided herein, AppFirst does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

b.                  Third Party Content: The Site and Site Content may contain user or third party submitted content; such content is not reviewed, approved or endorsed by AppFirst and is provided solely as a convenience to our customers and users. Under no circumstances will AppFirst be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Site or Site Content are subject to these Terms of Use and any other program and site specific terms.

14. Notice Specific to AppFirst Software
Any AppFirst software that is made available to download from the Site (“Software”) is the copyrighted work of AppFirst and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, APPFIRST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES , WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

15. User Content Submissions
a.                  Definition: User content submissions may include but not limited to, may include user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the “User Content”) on the Site.

b.                  Non-Endorsement: AppFirst does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and AppFirst expressly disclaims any and all liability in connection with User Content submissions. AppFirst does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and AppFirst will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the DMCA provisions. AppFirst reserves the right to remove User Content at its sole discretion and without prior notice.

c.                  Ownership: AppFirst does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Site, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Site. Unless otherwise agreed to in writing, there is no compensation for User Content. AppFirst is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized AppFirst representative, any material, information or other communication you transmit or post to the Site will be considered non-confidential and non-proprietary.

d.                  License: Unless other specified on the Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant AppFirst, necessary sub-licensees and web site users, a perpetual, irrevocable and fully sub-licensable worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

e.                  Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use , (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.

f.                  Moderation or Pre-Screening: You acknowledge that AppFirst may or may not moderate or pre-screen User Content. AppFirst and its designees retain the right, at AppFirst’s sole discretion to pre-screen, refuse, or remove any User Content from its Site. AppFirst, however, will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, AppFirst shall have the right to remove any User Content that violates these Terms of Use.

16. Amendment.  AppFirst may, at any time, revise these Terms of Use by updating this posting.  By using the Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page to examine the then-current Terms of Use.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

17. General Provisions. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different state.  By using the Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which AppFirst’s principal place of business is located for any lawsuit filed against you by AppFirst arising from or related to these Terms of Use.

If you have any questions about the foregoing, please contact us at the following e-mail address: info@appfirst.com.