You are encouraged to read these Terms and Conditions thoroughly before signing up.
This document describes the Terms and Conditions applicable to your access and use of all websites/ Apps/electric service/contents and services of Appleton Group LLC, its products, services, subsidiaries and affiliates (each a “Site/ App”). This document is a legally binding agreement between you as the Customer(s) of the Site/ Apps (referred to as “you”, “your” or “Customer” hereinafter) and the Appleton Group LLC, its products, services, subsidiaries and affiliates entity listed in clause 2.1 below (referred to as “we”, “our”, “it” or “Appleton Group LLC, its products, services, subsidiaries and affiliates” hereinafter).
1.Application and Acceptance of the Terms and Conditions
1.1 Your use of the Site/ Apps and Appleton Group LLC, its products, services, subsidiaries and affiliates’ s services, software and products (collectively as the “Services” hereinafter) is subject to the Terms and Conditions and conditions contained in this document as well as our:
· Privacy Policy; and
· Consumer Protection Policy (Return, Refund and Exchange);
and any other rules and policies of the Site/ Apps/ App that Appleton Group LLC, its products, services, subsidiaries and affiliates may publish from time to time. This document and such other rules and policies of the Site/ Apps/ App are collectively referred to below as the “Terms and Conditions”. By accessing the Site/ Apps/ App or using the Services, you agree to accept and be bound by the Terms and Conditions. Please do not use the Services or the Site/ Apps/ App if you do not accept all of the Terms and Conditions.
1.2 You may not use the Services and may not accept the Terms and Conditions if (a) you are not of legal age to form a binding contract with Appleton Group LLC, its products, services, subsidiaries and affiliates, or (b) you are not permitted to receive any Services under the laws of The United States of America or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 Appleton Group LLC, its products, services, subsidiaries and affiliates may amend any Terms and Conditions at any time by posting the relevant amended and restated Terms and Conditions on the Site/ Apps/ App without any notice to you. Any such change remains binding and enforcable. By continuing to use the Services or the Site/ Apps/ App, you agree that the amended Terms and Conditions will apply to you.
1.4 If Appleton Group LLC, its products, services, subsidiaries and affiliates may provide a translation of the English language of the Terms and Conditions in other languages, you agree that any other translation is provided for convenience only and that the English language version will govern your use of the Services or the Site/ Apps/ App.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Appleton Group LLC, its products, services, subsidiaries and affiliates or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and Conditions and an Additional Agreement, the Additional Agreement shall take precedence over the Terms and Conditions only in relation to that specific clause of inconsistence regarding the Service concerned.
1.6 The Terms and Conditions may not otherwise be modified by any other authority except in writing by an authorized officer of Appleton Group LLC.
2. Provision of Services
2.1 By contracting with any of its products, services, subsidiaries and affiliates, you are contracting with Appleton Group LLC irrespective of your global location at the time of contracting.
2.2 You must register as a Customer on the Site/ Apps/ App and or the mobile apps, or you must subscribe to the service by phone or a payment link in order to access and use our Services. Further, Appleton Group LLC, its products, services, subsidiaries and affiliates reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to customers or subject to other conditions that we may impose at our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Customers. Appleton Group LLC, its products, services, subsidiaries and affiliates may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Customers.
2.4 Appleton Group LLC, its products, services, subsidiaries and affiliates may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.
3. Customers Generally
3.1 As a condition of your access to and use of the Site/ Apps or Services, you agree that you will comply with all applicable laws and regulations when using the Site/ Apps or Services.
3.2 You agree to use the Site/ Apps/ App or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site/ Apps (the “Site/ App Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site/ App Content for the purposes of operating a business that competes with Appleton Group LLC, its products, services, subsidiaries and affiliates, or otherwise commercially exploiting the Site/ App Content. Systematic retrieval of Site/ App Content from the Site/ Apps to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Appleton Group LLC, its products, services, subsidiaries and affiliates is prohibited. Use of any content or materials on the Site/ Apps for any purpose not expressly permitted in the Terms and Conditions is prohibited.
3.3 You must read Appleton Group LLC, its products, services, subsidiaries and affiliate’s Privacy Policy which governs the protection and use of personal information about Customers in the possession of Appleton Group LLC, its products, services, subsidiaries and affiliates and our affiliates.
3.4 Appleton Group LLC, its products, services, subsidiaries and affiliates may allow Customers access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web Site/ Apps. You are cautioned to read such web Site/ Apps Terms and Conditions and/or privacy policies before using the Site/ Apps. You acknowledge that Appleton Group LLC, its products, services, subsidiaries and affiliates has no control over such third parties' web Site/ Apps, does not monitor such web Site/ Apps, and shall not be responsible or liable to anyone for such web Site/ Apps, or any content, products or services made available on such web Site/ App.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Appleton Group LLC, its products, services, subsidiaries and affiliates and/or any other Customer nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Appleton Group LLC, its products, services, subsidiaries and affiliate’s feedback system, such as leaving positive feedback for yourself using secondary Customer IDs or through third parties or by leaving unsubstantiated negative feedback for another Customer.
3.7 By posting or displaying any information, content or material (“Customer Content”) on the Site/ Apps or providing any Customer Content to Appleton Group LLC, its products, services, subsidiaries and affiliates or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Appleton Group LLC, its products, services, subsidiaries and affiliates to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the Customer Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site/ Apps, the provision of any Services and/or the business of the Customer. You confirm and warrant to Appleton Group LLC, its products, services, subsidiaries and affiliates that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Customer (User) Accounts
4.1 Customer must be registered on the Site/ Apps or must subscribe to the service through whatever means provided to access or use some Services. Except with Appleton Group LLC, its products, services, subsidiaries and affiliates’s approval, one Customer may only register one Customer account on the Site/ Apps. Appleton Group LLC, its products, services, subsidiaries and affiliates may cancel or terminate a Customer’s account if Appleton Group LLC, its products, services, subsidiaries and affiliates has reasons to suspect that the Customer has concurrently registered or controlled two or more Customer accounts. Further, Appleton Group LLC, its products, services, subsidiaries and affiliates may reject Customer’s application for registration for any reason.
4.2 Upon registration on the Site/ Apps, Appleton Group LLC, its products, services, subsidiaries and affiliates shall assign an account and issue a Customer ID and password (the latter shall be chosen by a registered Customer during registration) to each registered Customer.
4.3 A set of Customer ID and password is unique to a single account. Each Customer shall be solely responsible for maintaining the confidentiality and security of his/her Customer ID and password and for all activities that occur under your account. No Customer may share, assign, or permit the use of your Customer account, ID or password by another person outside of the Customer’s own business entity. Customer agrees to notify Appleton Group LLC, its products, services, subsidiaries and affiliates immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Customer agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails or SMS) will be deemed to have been authorized by the Customer.
4.5 Customer acknowledges that sharing of your account with other persons or allowing multiple customers to use your account (collectively, "multiple use"), may cause irreparable harm to Appleton Group LLC, its products, services, subsidiaries and affiliates or other Customers of the Site/ Apps. Customer shall indemnify Appleton Group LLC, its products, services, subsidiaries, affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Customer also agrees that in case of the multiple use of your account or Customer’s failure to maintain the security of your account, Appleton Group LLC, its products, services, subsidiaries and affiliates shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Customer’s account without liability to Appleton Group LLC, its products, services, subsidiaries and affiliates.
5. Customer’s Responsibilities
5.1 Each Customer represents, warrants and agrees that (a) you have full power and authority to accept the Terms and Conditions, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site/ Apps and Services for personal or business purposes only; and (c) the address you provide when registering is your principal place of of dwelling or the principle place of your business entity or your principle place of operations in the case of freelancer. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Customer will be required to provide information or material evidence about your entity, business or products/services as part of the registration process on the Site/ Apps or your use of any Service or the Customer account. Each Customer represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site/ Apps or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.3 Upon becoming a Customer, you consent to the inclusion of the contact information about you in our online platforms and databases and authorize Appleton Group LLC, its products, services, subsidiaries and affiliates and our affiliates to share the contact information with other Customers or otherwise use your personal information in accordance with the Privacy Policy.
5.4 Each Customer represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary intellectual property rights and third party licenses and permissions regarding any Customer Content that you submit, post or display; (b) any Customer Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the Customer Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, security sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
5.5 Each Customer further represents, warrants and agrees that the Customer Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other Terms and Conditions or any applicable Additional Agreements; f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Site/ Apps which includes any content that may violate the Terms and Conditions.
5.6 Each Customer further represents, warrants and agrees that you shall:
a) carry on your activities on the Site/ Apps in compliance with any applicable laws and regulations;
b) conduct your business transactions with other customers of the Site/ Apps in good faith;
c) carry on your activities in accordance with the Terms and Conditions and any applicable Additional Agreements; d) not use the Services or Site/ Apps to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities; h) not involve attempts to copy, reproduce, exploit or expropriate Appleton Group LLC, its products, services, subsidiaries and affiliate’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Appleton Group LLC, its products, services, subsidiaries and affiliates and/or any Customer of the Site/ Apps or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Appleton Group LLC, its products, services, subsidiaries and affiliates or our affiliates.
5.7 Customer shall not use the Services and Customer account to engage in activities which are identical or similar to Appleton Group LLC, its products, services, subsidiaries and affiliates business.
5.8 If Customer provides a business referee, Customer represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
5.9 Customer agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Appleton Group LLC, its products, services, subsidiaries and affiliates provision of the Services, evaluating whether Customer has breached the Terms and Conditions and/or handling any complaint against the Customer. If Customer’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Appleton Group LLC, its products, services, subsidiaries and affiliates shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.10 Customer acknowledges and agrees that Appleton Group LLC, its products, services, subsidiaries and affiliates, shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site/ Apps. Appleton Group LLC, its products, services, subsidiaries and affiliates does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Customer. Each Customer is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.11Customer acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.12Customer acknowledges and agrees that each of their Customers is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site/ App and Services are in compliance with the same.
6. Breaches by Customers
6.1 Appleton Group LLC, its products, services, subsidiaries and affiliates reserves the right in our sole discretion to remove, modify or reject any Customer Content that you submit to, post or display on the Site/ Apps which we reasonably believe is unlawful, violates the Terms and Conditions, could subject Appleton Group LLC, its products, services, subsidiaries and affiliates to liability, or is otherwise found inappropriate in Appleton Group LLC, its products, services, subsidiaries and affiliates’ opinion.
6.2 If any Customer breaches any Terms and Conditions, or if Appleton Group LLC, its products, services, subsidiaries and affiliates has reasonable grounds to believe that a Customer is in breach of any Terms and Conditions, Appleton Group LLC, its products, services, subsidiaries and affiliates shall have the right to take such disciplinary and or legal actions as it deems appropriate, including without limitation: (i) suspending or terminating the Customer’s account and any and all accounts determined to be related to such account by Appleton Group LLC, its products, services, subsidiaries and affiliates in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other Customer Content that the Customer has submitted, posted or displayed, or imposing restricted use of the Site/ App or Customer Content that the Customer may post or display; (iv) imposing other restrictions on the Customer’s use of any features or functions of any Service as Appleton Group LLC, its products, services, subsidiaries and affiliates may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Appleton Group LLC, its products, services, subsidiaries and affiliates may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms and Conditions, a Customer would be considered as being in breach of the Terms and Conditions in any of the following circumstances:
a) upon complaint or claim from any third party, Appleton Group LLC, its products, services, subsidiaries and affiliates has reasonable grounds to believe that such Customer has willfully or materially failed to perform your contract with such third party including without limitation where the Customer has failed to fully pay the purchase price after the goods or service has been delivered,
b) Appleton Group LLC, its products, services, subsidiaries and affiliates has reasonable grounds to suspect that such Customer has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) Appleton Group LLC, its products, services, subsidiaries and affiliates has reasonable grounds to suspect that any information provided by the Customer is not current or complete or is untrue, inaccurate, or misleading, or
d) Appleton Group LLC, its products, services, subsidiaries and affiliates believes that the Customer’s actions may cause financial loss or legal liability to Appleton Group LLC, its products, services, subsidiaries and affiliates or any other Customers.
6.4 Appleton Group LLC, its products, services, subsidiaries and affiliates reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Appleton Group LLC, its products, services, subsidiaries and affiliates may disclose the Customer's identity, contact information and/or information regarding the Customer's account(s), transactions or activities carried out on or via the Site/ App, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Appleton Group LLC, its products, services, subsidiaries and affiliates shall not be liable for damages or results arising from such disclosure, and Customer agrees not to bring any action or claim against Appleton Group LLC, its products, services, subsidiaries and affiliates for such disclosure.
6.5 Appleton Group LLC, its products, services, subsidiaries and affiliates may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Customer’s use of any Service or the Site/ Apps without being liable to the Customer if Appleton Group LLC, its products, services, subsidiaries and affiliates has received notice that the Customer is in breach of any agreement or undertaking with any affiliate of Appleton Group LLC, its products, services, subsidiaries and affiliates and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Appleton Group LLC, its products, services, subsidiaries and affiliates shall not be required to investigate such breach or request confirmation from the Customer.
6.6 Each Customer agrees to indemnify Appleton Group LLC, its products, services, subsidiaries and affiliates, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any Customer Content, from your use of the Site/ Apps or Services, or from your breach of the Terms and Conditions.
6.7 Each Customer further agrees that Appleton Group LLC, its products, services, subsidiaries and affiliates is not responsible, and shall have no liability to you or anyone else for any Customer Content or other material transmitted over the Site/ Apps including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Customer. Appleton Group LLC, its products, services, subsidiaries and affiliates reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer, in which event the Customer shall cooperate with Appleton Group LLC, its products, services, subsidiaries and affiliates in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Site/ Apps, Appleton Group LLC, its products, services, subsidiaries and affiliates provides electronic web-based platforms and mobile applications for exchanging information between buyers and sellers of products and services. Appleton Group LLC, its products, services, subsidiaries and affiliates additionally provides electronic web-based transaction platforms for Customers to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site/ Apps subject to the Terms and Conditions of our Transaction Services Agreement. However, for any Services, Appleton Group LLC, its products, services, subsidiaries and affiliates does not represent either the seller or the buyer; in specific transactions. Appleton Group LLC, its products, services, subsidiaries and affiliates does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on the Site/ Apps or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Customers are hereby made aware that there may be risks of dealing with people acting under false pretenses. Appleton Group LLC, its products, services, subsidiaries and affiliates uses several techniques to verify the accuracy of certain information Customers provide when they register for a service on the Site/ Apps. However, because Customer verification on the Internet is difficult, Appleton Group LLC, its products, services, subsidiaries and affiliates cannot and does not confirm each Customer's purported identity (including, without limitation laundry service providers). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Each Customer acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site/ Apps or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site/ Apps. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site/ Apps may violate or may be asserted to violate Third Party Rights, and the risk that Customer may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that customers including end-customers, laundry service providers or others claiming to have suffered injuries or harms relating to products originally obtained by Customers of the Site/ Apps as a result of purchase and sale transactions in connection with using the Site/ Apps may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each Customer agrees that Appleton Group LLC, its products, services, subsidiaries and affiliates shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Customers are solely responsible for all of the Terms and Conditions of the transactions conducted on, through or as a result of use of the Site/ Apps or Services, including, without limitation, Terms and Conditions regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 Customer agrees to provide all information and materials as may be reasonably required by Appleton Group LLC, its products, services, subsidiaries and affiliates in connection with your transactions conducted on, through or as a result of use of the Site/ Apps or Services. Appleton Group LLC, its products, services, subsidiaries and affiliates has the right to suspend or terminate any Customer’s account if the Customer fails to provide the required information and materials.
7.6 In the event that any Customer has a dispute with any party to a transaction, such Customer agrees to release and indemnify Appleton Group LLC, its products, services, subsidiaries and affiliates (and our agents, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY APPLETON GROUP LLC, ITS PRODUCTS, SERVICES, SUBSIDIARIES AND AFFILIATES ON OR THROUGH THE SITE/ APPS ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND APPLETON GROUP LLC, ITS PRODUCTS, SERVICES, SUBSIDIARIES AND AFFILIATES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLETON GROUP LLC, ITS PRODUCTS, SERVICES, SUBSIDIARIES AND AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE/ APPS; APPLETON GROUP LLC, ITS PRODUCTS, SERVICES, SUBSIDIARIES AND AFFILIATES DOES NOT REPRESENT OR WARRANT THAT THE INNOVATIONS, IDEAS CONCEPTS, MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE/ APPS DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND APPLETON GROUP LLC, ITS PRODUCTS, SERVICES, SUBSIDIARIES AND AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE/ APPS.
8.3 Any material downloaded or otherwise obtained through the Site/ Apps is done at each Customer's sole discretion and risk and each Customer is solely responsible for any damage to Appleton Group LLC, its products, services, subsidiaries and affiliates’ computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Customer from Appleton Group LLC, its products, services, subsidiaries and affiliates or through or from the Site/ Apps shall create any warranty not expressly stated herein.
8.4 The Site/ Apps may make available to Customer services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Appleton Group LLC, its products, services, subsidiaries and affiliates and our affiliates be held liable for any such services or products.
8.5 Each Customer hereby agrees to indemnify and save Appleton Group LLC, its products, services, subsidiaries and affiliates, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Customer's use of the Site/ Apps or Services (including but not limited to the display of such Customer's information on the Site/ Apps) or from your breach of any of the Terms and Conditions. Each Customer hereby further agrees to indemnify and save Appleton Group LLC, its products, services, subsidiaries and affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Customer's breach of any representations and warranties made by Customer to Appleton Group LLC, its products, services, subsidiaries and affiliates, including but not limited to those set forth in Section 5.
8.6 Each Customer hereby further agrees to indemnify and save Appleton Group LLC, its products, services, subsidiaries and affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site/ Apps. Each Customer hereby further agrees that Appleton Group LLC, its products, services, subsidiaries and affiliates is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Customer. Appleton Group LLC, its products, services, subsidiaries and affiliates reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Appleton Group LLC, its products, services, subsidiaries and affiliates in asserting any available defenses.
8.7 Appleton Group LLC, its products, services, subsidiaries and affiliates shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Site/ Apps or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a Customer or any other third party through the Site/ Apps;
c) violation of Third Party Rights or claims or demands that Customer's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site/ Apps may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any Customer;
e) statements or conduct of any Customer of the Site/ Apps; or;
f) any matters relating to Services however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Appleton Group LLC, its products, services, subsidiaries and affiliates, employees, agents, representatives or anyone acting on its behalf with respect to each Customer for all claims arising from the use of the Site/ Apps or Services during any calendar year shall be limited to the greater of (a) the amount of fees the Customer has paid to Appleton Group LLC, its products, services, subsidiaries and affiliates or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the Customer to prove actual damages. All claims arising from the use of the Site/ Apps or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use..
8.9 The limitations and exclusions of liability to you under the Terms and Conditions shall apply to the maximum extent permitted by law and shall apply whether or not Appleton Group LLC, its products, services, subsidiaries and affiliates has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall Appleton Group LLC, its products, services, subsidiaries and affiliates be held liable for any delay or failure or disruption of the content or services delivered through the Site/ Apps resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
10.1 Appleton Group LLC, its products, services, subsidiaries and affiliates is the sole owner or lawful licensee of all the rights and interests in the Site/ Apps and the Site/ App Content. The Site/ Apps and Site/ App Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site/ Apps and Site/ App Content shall remain with Appleton Group LLC, its products, services, subsidiaries and affiliates, or licensors of the Site/ App Content, as the case may be. All rights not otherwise claimed under the Terms and Conditions or by Appleton Group LLC, its products, services, subsidiaries and affiliates are hereby reserved.
10.2 "Appleton Group LLC, its products, services, subsidiaries and affiliates", and related icons and logos are registered trademarks or trademarks or service marks of “Appleton Group LLC" and related icons and logos are registered trademarks or trademarks or service marks of Appleton Group LLC, its products, services, subsidiaries and affiliates and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
10.3 Appleton Group LLC, its products, services, subsidiaries and affiliates may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11. Notices
11.1 All legal notices or demands to or upon Appleton Group LLC, its products, services, subsidiaries and affiliates shall be made in writing and sent to Appleton Group LLC personally, by courier, certified mail, or facsimile to the following entity and address: Appleton Group LLC, 16192, Coastal Highway, Lewes, DE 19958, USA. The notices shall be effective when they are received by Appleton Group LLC, in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a Customer shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the Customer to Appleton Group LLC, its products, services, subsidiaries and affiliates, or by posting such notice or demand on an area of the Site/ Apps that is publicly accessible without a charge. Notice to a Customer shall be deemed to be received by such Customer if and when.
a) Appleton Group LLC, its products, services, subsidiaries and affiliates is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Customer, or
b) immediately upon Appleton Group LLC, its products, services, subsidiaries and affiliates posting such notice on an area of the Site/ Apps that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Appleton Group LLC, its products, services, subsidiaries and affiliates sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms and Conditions constitute the entire agreement between you and Appleton Group LLC, its products, services, subsidiaries and affiliates with respect to and govern your use of the Site/ Apps and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Appleton Group LLC, its products, services, subsidiaries and affiliates and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms and Conditions.
12.3 If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Appleton Group LLC, its products, services, subsidiaries and affiliates’ failure to enforce any right or failure to act with respect to any breach by you under the Terms and Conditions will not constitute a waiver of that right nor a waiver of Appleton Group LLC, its products, services, subsidiaries and affiliates’ right to act with respect to subsequent or similar breaches.
12.6 Appleton Group LLC, its products, services, subsidiaries and affiliates shall have the right to assign the Terms and Conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms and Conditions to any person or entity (including any affiliates of Appleton Group LLC, its products, services, subsidiaries and affiliates). You may not assign, in whole or part, the Terms and Conditions to any person or entity.
12.7 The Terms and Conditions shall be governed by the laws of The United States of America without regard to its conflict of law provisions and the parties to the Terms and Conditions agree to submit to the exclusive jurisdiction of the courts of The United States of America.
