politicoTracker Terms & Conditions
http://politicoTracker.com/terms
0.1 Parties. This agreement is concluded solely between pTracker, LLC and the end user purchaser of politicoTracker, and not with Apple, Inc. pTracker is solely responsible for the Licensed Application and the content thereof, and for providing any maintenance and support services with respect to the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The end-user represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
pTracker, LLC is located in Austin, TX, USA, and may be contacted through the web site contact page at http://politicoTracker.com/contact. All end-user questions, complaints or claims with respect to the Licensed Application should be directed through that contact page.
0.2 Third Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon the end-user’s acceptance of the terms and conditions herein, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
1.1 License Grant and Restrictions. pTracker, LLC hereby grants Licensee a nonexclusive, nontransferable, revocable license to access and use the Online Services and Content for Licensee's internal research and personal purposes on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Licensee may use Content from the Online Services internally, but copying, distributing or otherwise making available pTracker’s or its licensors' copyright-protected Content from the Online Services to third parties is prohibited. Licensee is also prohibited from: (a) using or permitting the use of the Content to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) using or permitting the use of the Content for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or (c) using or permitting the use of the Content in connection with any individual credit, employment or insurance decisions.
1.2 Reservation of Rights. Except as specifically provided in Sections 1.1 above, Licensee is prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Content retrieved from the Online Services.
1.3 Ownership of Intellectual Property. The information available through the Online Services is the property of pTracker, LLC or its licensors, and is protected by copyright and other intellectual property laws. All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Content (in both print and electronic forms) belong to the provider of the Online Services or its third party suppliers of content. Licensee acquires no proprietary interest in the Online Services, Content, or copies thereof.
In the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, pTracker, LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
1.4 No Violation of Third-Party Rights. Except as specifically provided herein, Licensee may not use the Online Services or Content retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
1.5 Copyright Notices. Licensee may not remove or obscure the copyright notice or other notices contained in Content retrieved from the Online Services.
1.6 Discontinuation of Online Service. pTracker, LLC may suspend or discontinue providing the Online Services to Licensee without notice, revoke all rights granted to pTracker, LLC Relevance herein, and pursue any other remedy legally available to it if Licensee fails to comply with any of its obligations hereunder.
2.1 End Users. Licensee shall not permit other "End Users" (as defined below) to access and use the Online Services. An "End User" shall mean a person with access to the device running the pTracker, LLC application who receives Content through the application on that device. Licensee shall not share access to the device for purposes of allowing other end users to access the Online Services. Licensee shall be held responsible for all access through their device whether or not Licensee has knowledge of or authorizes such access and use.
2.2 Headlines and Summaries. Licensee acknowledges that certain Content providers provide only headlines and summaries of articles via the Online Service and that Licensee must have its own individual subscription independent of this Agreement and directly with such Content providers in order to access and view such articles in their entirety. Licensee agrees that it shall be responsible for all such charges associated with accessing and viewing such articles in their entirety.
2.3 pTracker Modifications. pTracker, LLC reserves the right to add or withdraw databases and modify or otherwise change its Online Services, including features, as necessary and may terminate the provision of any portion or all of the Content at the request of pTracker's content providers. pTracker may alter, delete or modify elements of functionality or content or modify, enhance or replace pTracker with a similar service from time to time and offer additional capabilities and/or content at appropriate fees.
2.4 Outside Links. To the extent that the Online Services contains links to outside services and resources, pTracker, LLC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
Licensee agrees to comply with all payment policies in effect at the establishment through which the application was downloaded.
4.1 Term. The term of this Agreement is from the date the application is first accessed and will continue until the expiration date as set forth in the product's description. In the case of product versions with no expiration date, pTracker, LLC may discontinue marketing and making available such version(s), and reserves the right to terminate Online Services for such version(s) no sooner than 90 days after the last general availability date, without notice.
5.1 Limited Warranty. pTracker, LLC represents and warrants that it has the right and authority to make the Online Services and Content available pursuant to these Standard Terms and Conditions.
pTracker, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be pTracker's sole responsibility.
5.2 Product Claims. pTracker, LLC, and not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5.3 WARRANTY EXCLUSIONS. EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.1, THE ONLINE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND pTracker, LLC AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 Liability Exclusions. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Content available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Content, (c) Licensee’s use of the Online Services or Content (regardless of whether Licensee received any assistance from a Covered Party in using the Online Services), (d) Licensee’s use of any equipment in connection with the Online Services, (e) the Content, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party. "Covered Party" means (a) pTracker, LLC, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of pTracker, LLC or its affiliates; and (b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Content or any of their affiliates.
6.2 LIABILITY LIMITATIONS. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF LICENSEE'S ACTUAL DIRECT DAMAGES, AND IN ANY CASE SHALL NOT EXCEED $500. LICENCEE'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH LICENSEE MAY HAVE AGAINST ANY COVERED PARTY.
6.3 LIABILITY EXCLUSIONS. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS HELD TO BE LIABLE, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED $500.
7.1 No Joint Venture. Nothing contained in this Agreement shall be construed as creating a joint venture or partnership relationship among the parties hereto nor shall any party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other party.
7.2 Binding; Assignment Limitations. This Agreement shall be binding on and inure to the benefit of each party hereto and such party's respective affiliates, subsidiaries, parents, successors and assigns. Licensee shall neither assign any of its rights under this Agreement nor delegate its duties hereunder to another person or legal entity without the prior written consent of pTracker, LLC, which consent may be withheld for any reason.
7.3 Costs and Attorneys Fees. In the event of any dispute, controversy, or other proceedings (including litigation or arbitration) arising out of or related to this Agreement, the prevailing party shall be entitled to reimbursement of all of its costs, including reasonable attorney and expert witnesses fees and costs, and court or arbitration fees and costs.
7.4 Notices. Any notice to be given or to be served upon pTracker, LLC shall be through the contact form at the product web site.
7.5 Waivers and Amendments. This Agreement may be amended, modified, superseded, or cancelled, and the terms and conditions hereof may be waived only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right hereunder, nor any single or partial exercise of any rights hereunder, preclude any other or further exercise thereof or the exercise of any other right hereunder.
7.6 Copies of Agreement. This Agreement may be executed in any number of copies, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
7.7 Construction. This Agreement shall be deemed to have been jointly drafted by the parties hereto and shall be construed in accordance with its fair meaning, and not strictly against any party.
7.8 Use of Purchase Order. In the event of any conflict with the terms of this Agreement and the Licensee’s purchase order terms, the terms of this Agreement shall control and prevail.
7.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed a duplicate original and all of which, when taken together, shall constitute one and the same document.
7.10 Statutes of Limitation. Licensee agrees that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Agreement or pTracker, LLC must be filed within one (1) year of the date the cause of action arose, or be barred as untimely.
7.11 Governing Law and Validity. The parties agree that the laws of the State of Texas shall govern the interpretation and enforcement of this Agreement, without giving effect to that state's choice of law rules. If any provision of this Agreement is held to be void, invalid or inoperative, such event shall not affect any other provisions herein, which shall continue and remain in full force and effect as though such void, invalid or inoperative provision had not been a part hereof.
7.12 Forum. Litigation of disputes under this Agreement shall be conducted in courts located in the City of Austin, Texas. The parties hereto consent to the jurisdiction of any local, state or federal court in which an action is commenced and located in accordance with the terms of this Section and that is located in Austin, Texas. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon them, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
7.13 Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement among the parties hereto with respect to the subject matter herein and related subject matter hereof and supersedes all prior agreements or statements by and between the parties hereto. No representation, statement, condition or warranty not contained in this Agreement will be binding on the parties hereto or have any force or effect whatsoever. All exhibits attached to this Agreement are incorporated hereby and shall be treated as if set forth herein.
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