iDXMobileApps.com Terms of Service Agreement
1. Welcome to the www.idxmobileapps.com website, operated by iDXMobileApps.com, a trade name of LT Vision, LLC (hereinafter “iDXMobileApps.com”).
2. This Terms of Service Agreement (“Agreement”) applies to your use and access of any iDXMobileApps.com owned or operated website (“Website”), as well as any electronic transmission sent, received, posted, accessed, downloaded, or stored via iDXMobileApps.com, including without limitation its web, wireless web, data, email, messaging services, or internet services (collectively “Services”).
Coverage of This Agreement
1. This Agreement explains the policies that govern your access to and use of our Website and Services, including the actions that we make take, within our sole discretion, for any use that we may deem unacceptable.
2. Certain products, applications, or Services offered through or linked through our Website may have additional terms and conditions which govern in the event of any inconsistency with this Agreement.
3. By accessing or using our Website or Services, you agree to this Terms of Service Agreement (“Agreement”).
4. Refer to section Modifications of this Terms of Service Agreement regarding modification of this Agreement.
Acceptable Use
1. You are solely responsible for your conduct related to the Website or Services. You agree to indemnify, defend, and hold harmless iDXMobileApps.com from any and all loss, cost, liability, and expense arising from or related to your use of the Website or Services, or your violation of this Agreement. Also see section Indemnification, Indemnification.
2. The Website and Services are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations, and must not infringe or violate third party rights. You may not make commercial use of the Website or Services, including but not limited to selling, copying, distributing or redistributing the Website or Services to any third party. See section iDXMobileApps.com grants you a personal, royalty-free, non-exclusive and non-assignable license to use the Website and Services. This license is for the sole purpose of enabling you to use the Website or Services and enjoy their benefits, in accordance with the terms and conditions of this Agreement..
3. Any unauthorized use of the Website or Services is prohibited, Such unauthorized use may include, without limitation, the following: disseminating or posting harmful content such as viruses, Trojan horses, worms, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any part of the Website or Services, violations of export laws or any other applicable law, infringement of intellectual property rights, infringement of copyright, trademark, patent, or other property right.
4. Furthermore, you may not distribute, publish, or send by any means through the Website or Services: unsolicited advertisements, email messages or promotional messages of any kind (“spam”), unsolicited announcements, chain mail, empty messages, or large messages or files that may disrupt operation of this Website or Services or other website or internet related service. Likewise you may not collect or harvest any information from this Website or Services using software without the express prior authorization of iDXMobileApps.com.
5. You may not violate the security of this Website or Services in any way, including without limitation hacking, intercepting or unauthorized monitoring of data or messages, falsifying internet origin or routing information, avoiding Website or Service restrictions to gain unauthorized access to disrupt, alter or destroy information that relates to iDXMobileApps.com or its customers or users.
6. Certain Services may involve a password protected account which you may use to access such Services. You agree that you are solely responsible for keeping passwords and other account information confidential, and for all activities that take place using your account to access such Services. You agree to immediately inform iDXMobileApps.com at support-feedback@idxmobileapps.com if you suspect any unauthorized use of your account or password.
7. Any unauthorized use of the Website or Services is a breach of this Agreement and certain federal and state laws. You agree that you are solely responsible for any breach of your obligations set out in this Agreement, and for the consequences of such a breach (including any loss or damage which iDXMobileApps.com may suffer.) Such unauthorized use or breach may result in criminal or civil liability. iDXMobileApps.com may, but is not obligated to, investigate any such breach, and may cooperate with law enforcement where unauthorized activity is suspected. By using this Website or Services you agree to cooperate, as well, in any such investigation.
8. iDXMobileApps.com grants you a personal, royalty-free, non-exclusive and non-assignable license to use the Website and Services. This license is for the sole purpose of enabling you to use the Website or Services and enjoy their benefits, in accordance with the terms and conditions of this Agreement.
Links to Third Party Sites
1. The Website may contain links to other websites that are operated by third parties over which iDXMobileApps.com may have no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. iDXMobileApps.com makes no representation or warranty concerning any other site or the information, products, or services offered or appearing on or through such third party sites. iDXMobileApps.com does not sponsor or endorse the operators of the third party sites or the content, products, services they provide, and you acknowledge that iDXMobileApps.com is not responsible or liable for the conduct of the third party site operators, the content, availability, accuracy, quality, advertising, products or services or other materials offered at such third party sites.
Provision of Services
1. iDXMobileApps.com reserves the right at any time to modify, suspend, or discontinue providing the Website or Services or any part thereof in its sole discretion with or without notice or liability to you.
Privacy
1. Please refer to and read iDXMobileApps.com Privacy Policy at http://www.idxmobileapps.com/privacy.html for information about how your personal information is treated and how your privacy is protected when you use the Website or Services.
2. By using the Website or Services you acknowledge and agree to the use of data or information that you may provide in concurrence with the iDXMobileApps.com Privacy Policy referenced in section Please refer to and read iDXMobileApps.com Privacy Policy at http://www.idxmobileapps.com/privacy.html for information about how your personal information is treated and how your privacy is protected when you use the Website or Services..
3. If you have sent an email to iDXMobileApps.com, registered on the Website or Services, or otherwise provided us with your contact details, you agree and acknowledge that from time to time, we may send you information about new products or services, or information relating to your account, via email.
Indemnification
1. You agree to indemnify and hold harmless iDXMobileApps.com from and against all claims, liabilities, loses, expenses, damages or costs (including reasonable attorneys’ fees) that may arise from a) any breach of this Agreement by you, b) any violation of any rights of a third party by you c) any violation of applicable law by you, d) information or content that you may submit, post, transmit or otherwise make available through the Website or Services, e) your use of the Website or Services.
Intellectual Property
1. You acknowledge that iDXMobileApps.com or third parties own all right, title and interest in and to the Website or Services, portions thereof, applications, apps, or software or content provided through on in conjunction with the Website or Services (collectively “Content”), including without limitation all intellectual property rights. Except for the rights granted in this Agreement, all rights in and to the Content are reserved, and no implied licenses are granted by iDXMobileApps.com.
2. Unless expressly authorized by iDXMobileApps.com in writing, you may not use any of the iDXMobileApps.com trade names, trademarks, service marks, logos, application names, domain names, or other brand features.
Exclusion / Disclaimer of Warranty
1. IDXMOBILEAPPS.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME IDXMOBILEAPPS.COM MAY REMOVE WEBSITE OR SERVICES FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER (OPERATE) WEBSITE OR SERVICES IN THEIR ENTIRETY, AT ANY TIME, WITHOUT NOTICE OR LIABILITY TO YOU.
2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. WEBSITE OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3. NO PART OF THIS AGREEMENT, INCLUDING SECTIONS Exclusion / Disclaimer of Warranty AND Limitation of Liability, SHALL EXCLUDE OR LIMIT IDXMOBILEAPPS.COM WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APLY TO YOU AND IDXMOBILEAPPS.COM LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
1. SUBJECT TO SECTION Exclusion / Disclaimer of Warranty, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO CASE SHALL IDXMOBILEAPPS.COM, ITS MEMBERS, OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM:
  1. YOUR USE OF WEBSITE OR SERVICES OR, OR FOR ANY OTHER WEBSITES OR SERVICES LINKED TO OR REFERENCED BY THIS WEBSITE OR SERVICES.
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.
  3. ANY MODIFICATIONS, INCLUDING PERMANENT OR TEMPORARY SUSPENSION OF OPERATIONS, OF THE WEBSITE OR SERVICES BY IDXMOBILEAPPS.COM.
  4. ANY OTHER LOSS OR DAMAGE INCURRED BY YOU UNDER ANY THEORY OF LIABILITY.
Advertisements
1. Some parts of the Website or Services may be supported by advertising revenue and may display advertisements or links to other sites or services.
2. In consideration of iDXMobileApps.com providing and granting you access and use of the Website or Services, you agree that iDXMobileApps.com may include such advertising on the Website or Services.
3. Such advertising on the Website or Services is subject to change without notice or liability to you.
Modifications of this Terms of Service Agreement
1. iDXMobileApps.com reserves the right at any time to modify this Agreement in its sole discretion, without notice or liability to you. This Agreement, as modified, will be effective upon posting to the Website.
2. You acknowledge and agree that if you use the Website or Services after the date this Agreement has been modified, you will be bound by this Agreement, as modified. If you do not agree to any modifications to this Agreement, do not access or use the Website or Services.
3. Please review the most current version of this Agreement from time to time, located at www.idxmobileapps.com/terms.html (or such successor URL as iDXMobileApps.com may use), so that you will be apprised of any changes.
General
1. This Agreement is written in the English language, if there is any contradiction between what this English language version says and what a translation says, then this English language version shall take precedence.
2. This Agreement constitutes the entire agreement between you and iDXMobileApps.com with respect to the access and use of the Website and Services, and supersedes and replaces all prior or existing understandings or agreements, written or oral, regarding such subject matter.
3. You acknowledge and agree that iDXMobileApps.com may provide you with notices, including modifications to this Agreement, by email or by postings on the Website or Services, as set out in section Modifications of this Terms of Service Agreement.
4. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state of and federal courts serving Strafford County, New Hampshire, and you and iDXMobileApps.com agree to submit to the exclusive jurisdiction and venue of these courts, except that nothing will prohibit iDXMobileApps.com from instituting an action in any court of competent jurisdiction to obtain injunctive relief or to protect or enforce its intellectual property or other rights.
5. You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of iDXMobileApps.com. iDXMobileApps.com may freely assign this Agreement.
6. You agree that iDXMobileApps.com may choose not to exercise or enforce any right or provision of this Agreement – this does not constitute a waiver of such right or provision, and other rights or remedies will still be available to iDXMobileApps.com.
7. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder or this Agreement shall continue in full force and effect.
8. You acknowledge and agree that certain Services or portions thereof may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval or license and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Website or Services.
9. In certain cases, as a result of or through you use of the Website or Services, you may use a service or download software, or purchase goods, services, or software, which are provided by a third party or third parties (collectively “Third Party Goods and Services”). Your use of such Third Party Goods and Services may be subject to separate terms of agreement between you and the third party or third parties concerned. In such cases, this Agreement does not affect your legal relationship with the relevant third parties.
Termination
1. This Agreement shall apply until terminated by either iDXMobileApps.com or you as follows:
2. If you wish to terminate this Agreement with iDXMobileApps.com, you may do so by a) ceasing use of the Website and Services, including closing all accounts which may have been made available to you and b) notifying iDXMobileApps.com in writing at the email address in section Questions and Comments.
3. iDXMobileApps.com may terminate this Agreement with you at any time in the event of any or all of the following: a) iDXMobileApps.com is required to do so by law, b) you have breached any part of this Agreement, c) iDXMobileApps.com is modifying or preparing to cease providing the Website or Services, d) at iDXMobileApps.com sole discretion, the provision of Website or Services is not commercially viable, e) at will by iDXMobileApps.com.
Questions and Comments
1. If you have questions or comments relating to the Website or Services, or the applications referenced therein, or ideas for new goods or services, or ideas for improvements (collectively “Feedback”), please contact us at: support-feedback@idxmobileapps.com. Please note that by submitting Feedback by any means, including without limitation verbal feedback to iDXMobileApps.com, in consideration for your use of the Website or Services, you grant iDXMobileApps.com a perpetual, irrevocable, royalty-free, transferable license, with right of sub-license, to use and incorporate your ideas or comments into the Website or Services or applications referenced therein, including without limitation enhanced or derivative works, and to otherwise exploit your ideas or comments, in each case without further compensation.

Effective Date: 10 October 2009

iDXMobileApps.com Terms of Service Agreement

Welcome to the www.idxmobileapps.com website, operated by iDXMobileApps.com, a trade name of LT Vision, LLC (hereinafter “iDXMobileApps.com”).

Coverage of This Agreement

This Agreement explains the policies that govern your access to and use of our Website and Services, including the actions that we make take, within our sole discretion, for any use that we may deem unacceptable.

Certain products, applications, or Services offered through or linked through our Website may have additional terms and conditions which govern in the event of any inconsistency with this Agreement.

By accessing or using our Website or Services, you agree to this Terms of Service Agreement (“Agreement”).

Refer to section Modifications of this Terms of Service Agreement regarding modification of this Agreement.

Acceptable Use

Links to Third Party Sites

Provision of Services

iDXMobileApps.com reserves the right at any time to modify, suspend, or discontinue providing the Website or Services or any part thereof in its sole discretion with or without notice or liability to you.

Privacy

Please refer to and read iDXMobileApps.com Privacy Policy at http://www.idxmobileapps.com/privacy.html for information about how your personal information is treated and how your privacy is protected when you use the Website or Services.

Indemnification

Intellectual Property

Unless expressly authorized by iDXMobileApps.com in writing, you may not use any of the iDXMobileApps.com trade names, trademarks, service marks, logos, application names, domain names, or other brand features.

Exclusion / Disclaimer of Warranty

Limitation of Liability

YOUR USE OF WEBSITE OR SERVICES OR, OR FOR ANY OTHER WEBSITES OR SERVICES LINKED TO OR REFERENCED BY THIS WEBSITE OR SERVICES.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.

ANY MODIFICATIONS, INCLUDING PERMANENT OR TEMPORARY SUSPENSION OF OPERATIONS, OF THE WEBSITE OR SERVICES BY IDXMOBILEAPPS.COM.

ANY OTHER LOSS OR DAMAGE INCURRED BY YOU UNDER ANY THEORY OF LIABILITY.

Advertisements

Some parts of the Website or Services may be supported by advertising revenue and may display advertisements or links to other sites or services.

In consideration of iDXMobileApps.com providing and granting you access and use of the Website or Services, you agree that iDXMobileApps.com may include such advertising on the Website or Services.

Such advertising on the Website or Services is subject to change without notice or liability to you.

Modifications of this Terms of Service Agreement

iDXMobileApps.com reserves the right at any time to modify this Agreement in its sole discretion, without notice or liability to you. This Agreement, as modified, will be effective upon posting to the Website.

You acknowledge and agree that if you use the Website or Services after the date this Agreement has been modified, you will be bound by this Agreement, as modified. If you do not agree to any modifications to this Agreement, do not access or use the Website or Services.

Please review the most current version of this Agreement from time to time, located at www.idxmobileapps.com/terms.html (or such successor URL as iDXMobileApps.com may use), so that you will be apprised of any changes.

General

This Agreement is written in the English language, if there is any contradiction between what this English language version says and what a translation says, then this English language version shall take precedence.

This Agreement constitutes the entire agreement between you and iDXMobileApps.com with respect to the access and use of the Website and Services, and supersedes and replaces all prior or existing understandings or agreements, written or oral, regarding such subject matter.

You acknowledge and agree that iDXMobileApps.com may provide you with notices, including modifications to this Agreement, by email or by postings on the Website or Services, as set out in section Modifications of this Terms of Service Agreement.

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of iDXMobileApps.com. iDXMobileApps.com may freely assign this Agreement.

You agree that iDXMobileApps.com may choose not to exercise or enforce any right or provision of this Agreement – this does not constitute a waiver of such right or provision, and other rights or remedies will still be available to iDXMobileApps.com.

If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder or this Agreement shall continue in full force and effect.

Termination

This Agreement shall apply until terminated by either iDXMobileApps.com or you as follows:

If you wish to terminate this Agreement with iDXMobileApps.com, you may do so by a) ceasing use of the Website and Services, including closing all accounts which may have been made available to you and b) notifying iDXMobileApps.com in writing at the email address in section Questions and Comments.

Questions and Comments