1.1 Account Creation. In order to use the Site and the Services, you must register for an account with the Company (“Company Account”) and provide certain information about yourself. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You, or the Company, may delete your Company Account or cancel the Services at any time, for any reason, by calling the Company support team at the number listed on the Site.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Payment Terms
2.1 Ordering Services. You may order the Service directly from our representatives or from the Site. Once you order the Service, your subscription to the Service will automatically renew every month until you cancel your Service. Prices are subject to change at the Company’s discretion.
2.2 Payment Terms. If you order the Service, you agree to pay the then-current applicable Service fee listed on the Site at http://www.apple-a-day.com/services/service_pricing. Current billing takes place on the 5th of each month with a net thirty (30) days and pro-rated depending on when you begin the Services. Company will automatically bill your credit card or checking account on the date the Service begins, and each month thereafter, until you cancel your Service, unless you opt out of the automatic payment program and wish to pay by check each month. Cancellation of Service must be processed via telephone with our support line. If you choose to cancel your Service, you must notify the company at least 5 business days before your next billing cycle. Upon notice of cancellation, the Company will cease all Services and pick up its property at your location, if applicable. You hereby authorize Company to bill your credit card or checking account as described above, unless you opt out of automatic payments. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. If any fee cannot be charged to your credit card or checking account for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may terminate the applicable Service.
3.1 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.
3.2 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 Feedback. If you provide Company any feedback, testimonials, or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service.
7. Limitation on Liability
In no event shall we or our suppliers be liable to you or any third party for any damages, injuries, lost profit or any direct, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of the Site or Services.
8. Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. Either party may terminate this Agreement, at any time for any reason. The Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Service, Company will provide you a pro-rata refund of your last monthly payment for any pre-paid but unused Services (if applicable).
9.2 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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.
9.3 Copyright/Trademark Information. Copyright © 2014, Apple-A-Day, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.4 Contact Information:
P.O. Box 6723
Bellevue, WA 98008