Terms of Use | Surprisingly Simple | Healthcare Marketing

Last modified: January 2011

1. Agreement Between User And Appature

Appature Inc. and our products or services ("Appature" or the "Company") are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. We reserve the right to change the terms, conditions, and notices under which Appature is offered, including but not limited to the charges associated with the use of Appature. Such changes will become effective five business days after being posted on the Appature website. When we change these terms of use, we will also modify the "Last modified" date above. We encourage you to review these terms of use periodically. Your use of Appature constitutes your agreement to all such terms, conditions, and notices.

2. Accessing Appature and Customer/Subscription Information

THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. While there are parts of the ebsite that are available only to individuals who purchase a fee-based subscription, there is no cost to visit our website or use our non-fee based products or services. If you are merely surfing or browsing through the Website and have not yet registered to become a Customer, your use of the website is still subject to these Terms of Use; if you do not agree to these Terms of Use, do not use the website.

If you are a Customer, your Appature subscription includes the features described on our website for the Appature product for which you subscribe. You must provide accurate and complete registration information when you register to use Appature. You are responsible for the security of your passwords and for any use of your account. When you become a Customer of Appature you will be provided with a unique user identifier that is your registered email address ("User ID"). You must safeguard the User ID and password you use to access Appature. Appature will assume that any person using the Service with your User ID and password is either you or authorized to act for you and you are responsible for any such person's actions. You must immediately notify us of any unauthorized use of your password or account.

3. Customer Support

Customer Support for your subscription is included in your subscription fee. Phone support for Appature Products is available during regular business hours 8AM to 6PM Pacific Standard Time (GMT-8), Monday through Friday, excluding US national holidays. We accept email support requests to support@appatureinc.com 24 Hours per Day x 7 Days per Week. Email responses are provided during regular business hours. We attempt to respond to email support questions within one business day; in practice, our responses are generally even faster, however, we do not promise or guarantee any specific response time.

4. Customer Reference

Unless explicitly agreed otherwise, you agree that we can use your company name and logo in connection with marketing and promoting Appature.

5. Use and Limitations of Use

We authorized you to use the features of Appature which correspond to the product for which you subscribe and pay the subscription fee for your use in accordance with these terms of use and our description of the product. As a condition of your use of Appature, you warrant to us that you will not use Appature for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Appature in any manner which could damage, disable, overburden, or impair the Appature website or interfere with any other party's use and enjoyment of Appature. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Appature. You are limited in your use as described in the Subscription section of this agreement under the Product for which you subscribe.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Appature or its content in any way; (ii) modify or make derivative works based upon Appature or its content; (iii) "frame" or "mirror" any of its content in any other server or wireless or Internet-based device; or (iv) reverse engineer or access Appature in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Appature, or (c) copy any ideas, features, functions or graphics of Appature.

You agree not to access (or attempt to access) Appature by any means other than through the Appature website or other interface provided to you by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) Appature through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any files present on Appature.

6. Use of Communications Services

Appature may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion but undertake no obligation to monitor the Communication Service. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about any person in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, Appature specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

7. Intellectual Property Ownership

We alone (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Appature technology, the Appature content and templates and any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to this Agreement. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Appature, the Appature technology, Appature Content or the intellectual property rights owned by us. The Appature name, the Appature logo, and the product names associated with Appature are our trademarks or those of third parties, and no right or license is granted to use them.

8. Customer Data Confidentiality

Confidential customer data is the property of the customer. Appature will not utilize specific confidential data without prior customer consent. Appature may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.

The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: http://www.AppatureInc.com/privacy-policy.

9. Materials Provided To Us Or Posted At Any Appature Website

Appature does not claim ownership of the materials you provide to Appature (other than suggestions, feedback and information relating to Appature as provided above) or post, upload, input or submit to any Appature website or its associated services (collectively "Submissions") or works specifically created by Appature for you. By posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of Appature; (b) your noncompliance with any of the terms and conditions hereof, or (c) the unauthorized use of Appature by any other person using your user information.

10. Links To Third Party Sites

Appature may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.

11. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH APPATURE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO APPATURE. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN APPATURE AT ANY TIME. ADVICE RECEIVED VIA APPATURE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH APPATURE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF APPATURE, WITH THE DELAY OR INABILITY TO USE APPATURE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH APPATURE, OR OTHERWISE ARISING OUT OF THE USE OF APPATURE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF APPATURE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING APPATURE.

12. Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to Appature and the related services or any portion thereof at any time, immediately upon notice.

13. General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of Appature. Use of Appature is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of Appature. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of Appature or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to Appature and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Appature. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

14. Appature Copyright Takedown Procedure

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to info@AppatureInc.com. ALL INQUIRIES NOT RELEVANT TO APPATURE WILL RECEIVE NO RESPONSE.

If you believe any materials accessible on or from Appature infringe your copyright, you may request removal of those materials (or access thereto) from Appature by contacting our copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this web site is as follows:

Appature Inc.
110 Union Street, Suite 500, Seattle, Washington 98101
Attention: General Counsel
Telephone: 206.493.5450

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of Appature who are repeat infringers.

15. Notices

The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of Appature, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.