End User License Agreement
(Revised March 2013)
Your Acceptance Of This Agreement and its Application to You. Before APTUS Sports, LLC (“APTUS”) can permit use of the application that you (“User” or “you”) have or are about to download (the “Application”),
it is important to APTUS that we have a common understanding concerning the terms and conditions that govern such use. This agreement ("Agreement") sets forth and establishes our common understanding about your use of the Application. For
the purposes of this Agreement, references to the “Application” includes without limitation the content comprising or published through the same.
By clicking the “I AGREE” button or downloading or using the Application, you agree, effective as of such date (the "Effective Date”) to be bound by this Agreement. You are only authorized to use the Application if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully. If you do not agree with it, you should discontinue use of the Application immediately.
IF A THIRD PARTY HAS PAID FOR YOUR LICENSE TO USE THE APPLICATION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE MAY DISCLOSE INFORMATION AND DATA ABOUT YOU TO SUCH THIRD PARTY AND/OR ITS DESIGNEES, AS FURTHER CONTEMPLATED BY THE “DATA” SECTION BELOW.
Representations About You. The Application is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through the Application. You represent and warrant that you are 13 years of age or older (and that if you are 13 or older but under the age of 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby).
License Terms with Respect to the Application. The Application is licensed, not sold, to you. APTUS reserves all rights in and to the Application not expressly granted to you under this Agreement. This license granted to you for the Application is limited to a nontransferable license to use the Application on any device (including but not limited to iPad, iPhone, and iPod touch) that you own or control and as permitted by the Usage Rules set forth in Apple, Inc.’s App Store Terms and Conditions (the “Usage Rules”). If you submit comments, suggestions, ratings, or other feedback regarding the Application or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you.
Restrictions On Use Of The Application. You may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You shall not exploit the Application in any unauthorized way whatsoever, including, but not limited to, trespass or burdening network capacity.
Fees and Payment. Applicable fees and pricing for the Application (“Fees”) set forth here, and unless a third party has paid the Fees applicable to the license on your behalf, you hereby agree to pay APTUS such Fees. Payment is due in advance of your download and/or use of the Application All Fees are due and payable in U.S. dollars, non-refundable. You (or the applicable third party, if a third party is paying the Fees on your behalf) shall pay any applicable taxes directly or to us, as required by applicable law. Unless a third party is paying the Fees on your behalf, you authorize APTUS to charge the credit card (or other electronic payment method) on file with your account for all Fees.
Confidentiality. You acknowledge that the Application constitutes valuable proprietary information and trade secrets of APTUS and is not to be used or disclosed except as set forth herein. You agree to preserve the confidential nature thereof by using the same degree of protection that you use to protect your own confidential information, but in no event less than reasonable care. APTUS shall have the right to obtain an injunction (without having to post a bond) to prevent any breach or continued breach of this section.
Data. You shall own all right, title, and interest in and to any personal data that is collected in connection with your use of the Application (“Data”). You grant and agree to grant to APTUS a perpetual, transferrable, sublicensable, royalty-free, worldwide, non-exclusive license to (i) use such Data as necessary to monitor and improve the Application, and (ii) if a third party has purchased your license to use the application on your behalf, (A) to use the Data to prepare assessments and reports for such third party, and/or (B) to share such Data and any such reports with such third party and/or its designees. Additionally, you agree that APTUS may use Data to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data (“Blind Data”). Notwithstanding anything in this Agreement to the contrary, to the extent that APTUS collects or generates Blind Data, such Blind Data will be owned solely by APTUS and may be used by APTUS for any lawful business purpose without a duty of accounting to you, provided that such data is not personally identifiable and does not identify the source of such data.
Legal Matters. APTUS may cooperate with law enforcement and/or third parties in the investigation of any suspected or alleged crime or civil wrong. APTUS reserves the right at all times to disclose any information as APTUS deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Limitations on Availability. The Application or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Application is available or permitted in any particular location. Use of the Application is void where prohibited. You use the Application at your own initiative and are responsible compliance with any applicable laws. We may also impose limits on the use or access to the Application as required by law.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability. IN NO EVENT SHALL APTUS OR OUR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF THE AMOUNT OF TWENTY-FIVE DOLLARS ($25) OR THE AMOUNT YOU PAID FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMERS.
Supplemental Terms. To enjoy certain aspects of the Application, additional terms may apply. We will present such supplemental terms and conditions for review and acceptance at the time that you undertake the supplemental activity within the Application. Any such supplemental terms (each, “Supplemental Terms”) shall become a part of this Agreement. Supplemental Terms are different from Third Party Terms (defined below) in that Supplemental Terms relate to offerings provided by APTUS, whereas Third Party Terms relate to third party offerings. You acknowledge and agree that in the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby.
Export Restrictions. You may not use or otherwise export or re-export the Application or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Application was accessed or obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list.
The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Consent to Receive Messages. We may need to be able to communicate with you about the Application. Further, though we will not abuse the privilege, we would like to be able to make certain commercial offers available to you from time to time, though you will always have the option to opt out of this category of messages. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. In order to stop receiving any messages from us whatsoever (including administrative messages regarding the Application), you will need to terminate your account. To the extent the Application enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, you acknowledge and agree that you may receive push notifications through the Application.
Third Party Offerings. To enjoy certain third party offerings, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the Application, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings.
Termination. This Agreement is effective until terminated as set forth herein. Your right to use or access the Application will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of or access to the Application. You acknowledge that except to the extent we otherwise agree in writing or in the Supplemental Terms, we may restrict, modify, or terminate your access to the Application, without liability, for our convenience.
Acknowledgements Regarding Apple, Inc. You acknowledge that this Agreement is between you and APTUS, and that Apple is not a party hereto and has no responsibility for the Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that Apple has no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the Application or the Application or your use thereof infringes intellectual property rights. Apple, Inc. and Apple’s subsidiaries, are third party beneficiaries of this provision. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. To the extent APTUS sponsors any promotion through the Application or the Application, your hereby acknowledge that Apple is not a sponsor of or responsible for conducting such promotion.
Apple Related Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT APPLE MAKES NO WARRANTIES WHATSOEVER HEREUNDER, AND HAS NO WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION.
Miscellaneous. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Application. Use of the Application may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between you and APTUS regarding use of or access to the Application. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “APTUS” and all associated logos displayed within the Application are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Contact Us. We can be reached at: 3839 Bee Cave Road, Suite 120, West Lake Hills, Texas 78746.