You hereby agree to indemnify and hold harmless APP MY SITE, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service.
If the Website and Services are not available for any period or any time, APP MY SITE shall not be liable. APP MY SITE gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. APP MY SITE reserves the right to suspend the operation of the Website or Services. You agree that neither APP MY SITE nor its third-party providers will be liable to You in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
Ending Your Relationship with APP MY SITE
These Terms of Service will continue to apply until terminated by either You or APP MY SITE as set out in these Terms. If You want to terminate Your legal agreement with APP MY SITE, You may do so by: (a) notifying APP MY SITE at any time and (b) closing Your accounts for all of the Services which You use. APP MY SITE reserves the right to terminate its legal agreement with You at its sole discretion.
APP MY SITE may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms without APP MY SITE prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at APP MY SITE’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
Prohibitions. Except as otherwise specifically provided for in this EULA, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the App My Site Product to human readable form or transfer the licensed App My Site Product, or any subset of the licensed App My Site Product, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the App My Site Product in whole or in part. Neither App My Site Product’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of App My Site. All rights not expressly granted here are reserved by App My Site and/or its suppliers, as applicable.
Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the App.
No Transfer of Rights. Except as otherwise specifically provided herein, you may not transfer or assign any of the rights granted to you under this EULA or any of your obligations pursuant hereto.
Compliance with Law. You agree that in operating the App and in using any report or information derived as a result of operating the App, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control, and obscenity law.
Indemnification. You agree to indemnify, defend and hold harmless App My Site and its respective officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages and claims, and all related expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) and costs related to, arising from, or in connection with any third-party claim related to, arising from, or in connection with the actual or alleged: (i) infringement by End User of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy, (ii) personal injury (including death) or property damage due to the gross negligence or intentional misconduct of End User, and/or (iii) breach by End User of any of its representations, warranties, obligations, and/or covenants set forth herein.
Additional Protection Measures. Solely for the purpose of preventing unlicensed use of the App My Site Product, the App My Site Product may install on your computer technological measures that are designed to prevent unlicensed use, and App My Site may use this technology to confirm that you have a licensed copy of the App My Site Product.