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Apptix Website Terms and Conditions of Use

Effective Date: May 1, 2010

Introduction

Apptix, Inc. ("Apptix") provides hosted business messaging, collaboration, and communication services ("Services") to its customers. Apptix recognizes and vigilantly protects the privacy of its customers and website visitors. The following describes how Apptix handles information Apptix may learn about you from your use of the Services and/or your use of the Apptix website. The following also provides the rules that govern use of the Apptix website.

These Terms and Conditions Govern Your Use of The Apptix website

These Terms and Conditions of Use constitute a contractual agreement between you and Apptix regarding your use of the Apptix services and website and any activities or transactions you may conduct through the Apptix website. These Terms and Conditions also contain our Privacy Policy – Apptix’s commitment to you concerning how Apptix uses information you provide to Apptix either through the use of the Apptix website or the Services. Your use of the Apptix website and/or the Services constitutes your agreement to follow and be bound by these Terms and Conditions of Use and by the Apptix Privacy Policy (collectively, "Terms and Conditions").

Apptix reserves the right to modify, alter, or otherwise update these Terms and Conditions at any time. Apptix will post changes at this site, so you are encouraged to review these Terms and Conditions from time to time. Your continued use of the Apptix website and/or Services following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes.

Apptix Keeps Personal Information Private and Apptix Limits Use Of Personal Information

For complete information on the Apptix Personal Information Privacy Policy please review the policy available at http://www.apptix.com/about-apptix/legal/personalinfopolicy.asp

Correcting Information; Opting Out

If at any time you would like Apptix to update or correct personal information you have previously provided to Apptix, feel free to contact us using the contact information provided below in the “How To Contact Us” section, and Apptix will update or correct your personal information to the extent your request does not compromise our privacy policies. In addition, if you request, Apptix will use commercially reasonable efforts to remove your name and personal information from any database(s) Apptix may maintain. However, it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name from any database(s) Apptix may maintain, please notify us in writing to this effect by using the contact information provided below in the "How To Contact Us" section.

Use of "Cookies"

Cookies are small pieces of information that a website transfers to your hard drive, where it is stored by your browser on your computer’s hard drive for record-keeping purposes (such as storing user preferences). Apptix does not use cookies to save personal information. Apptix may, however, use cookies to show how and when visitors use the Apptix website in order to make improvements and updates to the Apptix website.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the help section of your web browser software to learn how to do this.

Please be advised that sites you link to from the Apptix website may use cookies differently than Apptix does. You should read and understand the privacy policy of the site(s) you link to in order to determine whether and how a particular site uses cookies.

If You Visit the Apptix Website To Browse Or To Read Or Download Information

Apptix may collect and store: the name of the domain name and host from which you access the internet (for example, aol.com); the Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Apptix website; and the Internet address of the website from which you linked to the Apptix website.

Apptix uses this information for system administration, to measure the number of visitors to the Apptix website, to improve site performance, to help us make the Apptix website more useful and/or to gather broad demographic information for aggregate use.

Apptix does not link an IP address to personal information, meaning that a user’s session will be logged but the user remains anonymous to us. If Apptix does decide to link any aggregate information, or your IP address to your personal information, Apptix will treat the resulting information as “personal information” for all purposes under this Policy.

Ownership of Site Contents; Downloading

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of the Apptix website (collectively, the “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Apptix or used under principles of “fair use.” You may not download or copy the Contents unless expressly permitted by Apptix.

Links to Other Web Sites

The Apptix website may contain links to other sites ("Third Party Sites"). Apptix does not necessarily endorse, sanction, or verify any of these Third Party Sites, and Apptix provides these links merely for the convenience of Apptix's users. Please be advised that, once you access a Third Party Site through a link on the Apptix website, you are subject to the privacy policy and terms and conditions of use of the Third Party Site. Apptix has no control and bears no responsibility for any action or policy associated with any Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site.

Policies for Children (Individuals Under 13 Years of Age)

This site is not a website directed to children under the age of 13. However, Apptix hereby advises all visitors to this site under the age of 13 not to disclose or provide any personal information on this website. In the event Apptix discovers that a child under the age of 13 has provided personal information to us, in accordance with the Children’s Online Privacy Protection Act of 1998 Apptix will delete the child’s personal information from our files.

User Comments

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Apptix through the Apptix website or otherwise disclosed, submitted, or offered in connection with your use of Apptix website (collectively, "Comments") shall be and remain the property of Apptix. You agree that Apptix may use or disclose Comments in any manner consistent with our Privacy Policy contained herein. Apptix shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever.

Apptix has no obligation to respond to any Comments, and Apptix reserves the right, but undertakes no duty, to review, edit, move, or delete any material posted by users on the Apptix website, in Apptix’s sole discretion and without notice.

Content of User-Posted Information; Other Use Of Site

You are prohibited from posting or transmitting any "spam," unlawful, or other material Apptix deems inappropriate for the Apptix website. Apptix disclaims all responsibility or liability arising from the content of any user postings. When you use the Services, you must comply with Apptix’s Acceptable Use Policy

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate burden on the Apptix website. Apptix reserves the sole and absolute discretion to deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with these Terms and Conditions.

Complaints Over Perceived Infringement

Apptix respects intellectual property rights and will terminate registered users and deny access to others who, in Apptix’s discretion, repeatedly infringe the intellectual property rights of others. If you believe that materials posted on the Apptix website infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), Apptix requests that you follow the procedure described below to notify us of your concerns or objections. In turn, Apptix agrees to respond to your notice, as outlined below, and remove or disable access to material that you believe infringes your Work.

Designated Agent

If you believe materials posted on the Apptix website infringe the copyright in your Work, please contact our Webmaster.

Your notice to our Designated Agent should follow the notice provisions set out in the Digital Millennium Copyright Act (17 U.S.C. § 512).

Disclaimer

While Apptix uses reasonable efforts to include accurate and up-to-date information on the Apptix website, Apptix makes no warranties or representations as to its accuracy. Apptix assumes no liability or responsibility for any errors or omissions in the content on the Apptix website.

THE APPTIX WEBSITE AND ALL CONTENTS OF THE APPTIX WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE APPTIX WEBSITE THAT YOUR USE OF THE APPTIX WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE APPTIX WEBSITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE APPTIX WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Indemnification

You agree to defend, indemnify and hold Apptix harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms and Conditions.

Limitation of Liability

NEITHER APPTIX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APPTIX WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APPTIX WEBSITE.

Choice of Law and Jurisdiction

Unless otherwise specified, the Apptix website and the Contents thereof are displayed solely for the purpose of promoting the services of Apptix. The Apptix website is controlled and operated by Apptix from its location in Virginia. This Agreement shall be construed in accordance with the laws of the state of Virginia, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the state or federal courts sitting in Virginia.


How to Contact Us

If you have any questions about our Acceptable Use Policy or your dealings with our Website, you may contact us:

Phone: 866-428-0128
Email: clientsupport@apptix.com;

13461 Sunrise Valley Drive, Suite 300
Herndon, VA 20171

Please be advised that, if you contact us, Apptix may use the personal information you provide in the ways Apptix has described in our Privacy Policy contained herein.

If you experience technical problems with the operation of our Website, contact our Webmaster at webmaster@apptix.com.



© 2010 Apptix, Inc. 

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