AMI's iPhone Application Terms Of Use
These Terms of Use ("Terms") govern the use of the AdvanceMe, Inc. ("we," "us", "AMI" or "AdvanceMe"), iPhone Application (App). ANYONE ACCESSING THE APP AGREES TO ABIDE BY THESE TERMS. We may modify these Terms at any time, and such modification shall be effective immediately upon posting on the App. Your continued access or use of the App after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
1. License. The contents of our App, including its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to AMI. We hereby grant you the right to view and use our App subject to these Terms. You may download or print a copy of information provided in the App for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
2. Your Responsibility. You assume all responsibility for your use of, or access to, this App, including your access to any AMI literature obtained from the App, and waive all claims or causes of action against AMI, its officers, directors, employees, agents and affiliates in connection therewith.
3. Disclaimer. THIS APP AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS APP IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS APP WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the App.
4. Additional Products and Services Disclaimer. AMI makes available certain descriptions of its products and services on the App. AMI does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the App. This paragraph 4 is in addition to and not instead of the disclaimers set forth in paragraph 3 above.
5. Indemnity. You agree to indemnify, defend and hold harmless AMI, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms or any activity related to use of the App (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the App on your behalf.
6. Restricted Access Portions Of The App. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the App using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the App, those rights are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the user name and password to any one other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. You assume all responsibility for loss or misuse of your password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason other than solely due to the negligence of ADVANCEME.
7. Privacy. We may use any information you provide internally for any business purpose, including to send you subsequent communications. We may sell or transfer your business information to a third party for any reason, without your permission. Privacy of personal information provided through our App, and general information on cookies and what they are, are addressed in our iPhone Application Privacy Statement.
9. Governing Law and Forum. These Terms, and the interpretation, performance and enforcement of your and AMI's rights and duties, shall be construed in accordance with the laws of the State of New York, except for the conflict or choice-of-law principles thereof. By using the App, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Westchester County, New York, or, at AMI's sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in Westchester County, New York.
10. Contacting Us. If you have any questions or concerns about these Terms, please contact us at webmaster@advanceme.com.
