|We retains the right to, at any time, modify or discontinue, any or all parts of the Service without notice. Additionally, we reserve the right, at our sole discretion, to modify this agreement at any time, effective by posting new terms on the Site with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Site and/or Service after any such modification has been published constitutes your acceptance of the terms and conditions as modified in this agreement.|
Your eligibility for use of the Services is contingent upon meeting the following conditions:
|Use of the Services|
You agree that all registration information provided is true, accurate, complete, and current. Any registration information that is not true, accurate, complete, or current constitutes violation of this agreement and your account may be suspended without notice.
In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
|Account Security and Password|
|Upon registration you will be provided with a login identifier ('username') and a password in order to access the Site and use the Services. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your username and password.|
We do not guarantee the Site or Service will be operable at all times or during any down time
Complete accuracy in all aspects of your analytical data at all times also is not guaranteed.
All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service, are the sole property of PBJ Studios. Unauthorized use of any materials contained on this Site or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Fileitup immediately at the address provided below.
You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, or exploit any portion of the Site, Service, Engine, or third-party content without prior express written consent of Fileitup or the respective owner of said material. You are granted a limited-use, non-exclusive license to use the AppTrakr service and associated code for the purpose of interacting with the Services. App Trakr may revoke this license at any time without notification or your permission.
|Disclaimer of Warranty and Limitation of Liability|
|The Site and Services are provided 'as is'. PBJ Studios, its suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this Site or in connection with the PBJ Studios. You exclude PBJ Studios from all liability for damages related to or arising out of the use of this Site or Services. This includes loss of business profits, damage to computers, computer hardware or software, data, errors or mistakes in the content, personal injury, or other property damage. PBJ Studios does not guarantee these Services will meet your requirements or specifications, and any questions regarding such should be directed to us using the contact form on the Site or directly with the information below. You agree that PBJ Studios shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that PBJ Studios has no liability with respect to any applications you publish or distribute. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100, whichever is less.|
|You agree to indemnify, defend and hold harmless, PBJ Studios, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney┐s fees, resulting from any violation of this agreement by you, your violation of any law, or violation of the rights of any third party.|
|Miscellaneous; Applicable Law and Venue|
|PBJ Studios shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and local law, rules, and regulations, local law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Ottawa, Canada. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. You may not assign or otherwise transfer any of your rights hereunder without PBJ Studios prior written consent, and any such attempt is void. The relationship between PBJ Studios and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.|
|If you have any questions about this agreement, please contact us here.|