Applete's Terms of Service

Last Updated October 1st, 2017
Effective Date:

This Terms of Use and Sales Agreement (the Agreement) was last updated on 10/1/2017

This Terms of Use and Sales Agreement set forth the standards of use of applete.co; hereinafter call the Site, which is owned by Applete, LLC of 606 Liberty Ave., 3rd Flr., #107, Pittsburgh, PA 15222. By using the Site, you agree to these terms and conditions. Your use and continued use of the Site is strictly governed by the terms of these terms of use.

If you do not agree to the terms and conditions of these terms of use, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of these terms of use without prior notice. Modifications shall become effective immediately upon being posted at applete.co Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, these terms of use may not be amended.

A.  

A user is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The term user is also construed to mean both the customers of Applete LLC and the Personal Trainers, Dietitians, Nutritionists, Health Professionals, ect. (hereinafter collectively referred to as “Coaches”) with whom customers of Applete LLC connect. The terms you and your refer to you, as a customer or Coaches of the Site. The terms we, us, our, and applete.co, refer to Applete, LLC.

B.  

Content means text, images, photos, audio, video, and all other forms of data or communication. Your Content means Content that you submit or transmit to or through the Site, such as any information that you display as part of your right to access this Site. User Content means Content that users submit or transmit to or through the Site. Applete.co Content means Content that we create and make available on the Site. Third Party Content means Content that is made available on the Site by parties other than Applete, LLC or its users, such as data providers who license data to Applete, LLC for use on the Site. Site Content means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Applete, LLC Content.

You must be at least 18 years old. All others are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:

A.  

A Personal Account is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.

B.  

A "Business Account" is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.

We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Applete.co does not endorse such Content, and cannot vouch for its accuracy.

You agree that you will not, and will not assist or enable others to:

A.  

Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user;

B.  

Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

C.  

Use the Site for promotional or commercial purposes, except as expressly allowed in writing by applete.co;

D.  

Use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

E.  

Use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

F.  

Use the Site to promote bigotry or discrimination against other people;

G.  

Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;

H.  

Use the Site to submit or transmit illegal content or any such content that may be pornographic, inappropriate, offensive, or generally graphic;

I.  

Use the Site to solicit personal information from minors;

J.  

Use the Site or to harm or threaten to cause harm, harass, offend, cause offense, injure, or cause injury to to any person or organization;

K.  

Use the Site in violation of the Terms of Service or any applicable law;

L.  

Modify, adapt, appropriate, reproduce, distribute, translate, or create derivative works or publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by applete.co;

M.  

Reverse engineer any portion of the Site:

N.  

Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site

O.  

Record, process, or mine information about other users;

P.  

Use site search/retrieval application, process or means to access, retrieve, scrape, or index the Site or any Site Content;

Q.  

Access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;

R.  

Reformat or frame any portion of the Site;

S.  

Take any action that imposes, or may impose an unreasonable or disproportionately large load on the technology infrastructure on applete.co;

T.  

Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

U.  

Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, Viruses); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use of Site Content, or features that enforce limitations on the use of the Site.

V.  

Use the Site or any Site Content or take any action that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law

We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, promoting it, distributing it, and allowing others to do the same in connection with their own websites. As such, you irrevocably grant us permission to use Your Content for any such purpose. You also irrevocably grant the Site's users and the users of any websites the right to access Your Content in connection with their use of the Site and any website. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of intellectual or creative rights or attribution with respect to Your Content.

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, safety, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by applete.co.

We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

The content included on this website, such as text, graphics, logos, icons, images, audio clips and software, is the exclusive property of Applete, LLC and protected by U.S. and international copyright laws. Any software used on this site is the property of Applete, LLC, one of its Users, and thereby the property of Applete, LLC, or its software suppliers and protected by U.S. and international copyright laws. The content and software on the Site may be used as a learning resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide applete.co the written information specified below. Please note that this procedure is exclusively for notifying applete.co and its affiliates that you believe your copyrighted material has been infringed.

A.  

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

B.  

A description of the copyrighted work that you claim has been infringed upon;

C.  

A description of where the material that you claim is infringing is located on the site;

D.  

Your address, telephone number, and e-mail address;

E.  

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

F.  

A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, applete.co designates the following individual as its agent for receipt of notifications of claimed trademark and/or copyright infringement.By Mail: 606 Liberty Ave., 3rd Flr., #107, Pittsburgh, PA 15222.

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the privacy policy posted here

A.  Dissatisfaction.

If you are dissatisfied with the Site, please provide feedback through our contacts page here. Your only other remedy with respect to any dissatisfaction with i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Applete, LLC in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.

B.  Suggestions and Improvements.

By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

A.  

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

B.  

You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing applete.co with a notice of termination at 606 Liberty Ave., 3td Flr., #107, Pittsburgh, PA 15222. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to the Site).

Applete, LLC owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site inclusive of User Content and Third Party Content.

Applete, LLC owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site inclusive of User Content and Third Party Content.

A.  

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN AS IS BASIS. Applete, LLC MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE SERVICES RENDERED ON THE SITE BY “COACHES” AND THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. Applete, LLC FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Applete, LLC OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

B.  

Applete, LLC DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF Applete, LLC OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

C.  

Applete, LLC FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

D.  

Applete, LLC ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH Applete, LLC RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM. YOU EXPRESSLY AGREE THAT THE INFORMATION PROVIDED ON THIS WEBSITE AND THE SERVICES, OR Applete, LLC ‘S INABILITY TO PROVIDE THE SERVICES, IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Applete, LLC IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) $100.00.

You agree to indemnify and hold Applete, LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Applete, LLC 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 Applete, LLC. Applete, LLCwill use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

The Site may include links to other websites (a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

The failure of either party to abide by these terms of use or to insist upon the performance of any of the terms and conditions of these terms of use, or the waiver of any breach of any of the terms and conditions of these terms of use, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

These terms of use shall be governed by, construed, and enforced in accordance with the laws of the State of Pennsylvania United States of America. Further, by use of this site, whether nationally or internationally, all users agree to subject themselves exclusively to the laws of the United States of America with regard to any litigation which might arise from engaging with the Site.

Any notice provided for or concerning these Terms of Use shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of these Terms of Use.

Any dispute under these terms of use shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

These terms of use shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of these terms of use shall not be binding upon either party except to the extent incorporated in these terms of use.

Any modification of these terms of use or additional obligation assumed by either party in connection with these terms of use shall be binding only if made in accordance with Paragraph 3 above or if placed in writing and signed by each party or an authorized representative of each party.

The rights of each party under these terms of use are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

User Acknowledgement

1.  

No user has any formal education, training or experience in the evaluation, assessment, diagnosis, treatment and/or prevention of physical health, emotional and/or mental condition, disorders or behaviors. Consultant is not a licensed doctor, psychologist, mental health counselor, social worker, marriage or family therapist, or medical practitioner of any kind.

2.  

A Coach's Services do not include evaluation, assessment, diagnosis, treatment or prevention of any physical, emotional or mental condition, disorders or behavior.

3.  

The Services provided by Applete LLC through Applete, LLC are limited to providing the connector services via the internet between customer and coach.

4.  

Any content, opinions, advice or information provided on this Website are for informational purposes only. Applete, LLC does not warrant the accuracy, safety, completeness or quality of any information contained on the Site or on any other websites owned or maintained by Coaches or third parties.

5.  

This website should not be used as an alternative to treatment by a licensed practitioner.