Home Zap Surveys Terms of Service

Zap Surveys Terms of Service

by John Peters

ZAP SURVEYS
TERMS OF SERVICE
© 2018 APPS THAT PAY, LLC

Zap Surveys Terms of Use
Last Updated October 25, 2017
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Introduction
These terms of use are entered into by and between you and the Apps That Pay, LLC, a Georgia limited liability company (referred to in these Terms of Use as “we,” “us,” “our” or the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Zap Surveys mobile app, including any pages, content, functionality and services delivered through the app (collectively, the “App”).
PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING, INSTALLING, REGISTERING WITH, ACCESSING, OR USING THE APP. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, REGISTER WITH, ACCESS, OR USE THE APP. BY DOWNLOADING, INSTALLING, REGISTERING WITH, USING, OR ACCESSING THE APP, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.APPSTHATPAY.CO AND IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME (SEE “MODIFICATIONS AND INTERRUPTION OF SERVICE”). YOUR CONTINUED USE OF THE APP AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES.
ZAP SURVEYS IS A PLATFORM THAT ALLOWS YOU TO TAKE SURVEYS TO MAKE CASH. OTHER THAN SURVEYS, YOU CAN ALSO EARN CASH BY SIMPLY LOGGING IN EVERY DAY, COMPLETING CHALLENGES, WINNING CONTESTS, AND BY EARNING LOCATION REWARDS. MOREOVER, FOR EVERY $1.00 YOU EARN BY TAKING SURVEYS, WE’LL DONATE $0.20 TO PREVENT CHILD STARVATION AROUND THE GLOBE.
ALL PAYOUTS ARE DONE EITHER THROUGH PAYPAL OR AMAZON EGIFT CARD AND CASH OUTS ARE AVAILABLE WHEN YOU REACH A MINIMUM BALANCE OF $25.00.
Eligibility
The App is offered and available only for the personal use of individuals who are 18 years of age or older and who agree to be bound by these Terms of Use. By accessing or using the App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
Fraud
If you engage in any form of Fraud (as defined below) while accessing or using the App, or you engage in any activity that causes us, in our sole discretion, to believe that you are committing Fraud while accessing or using the App, you will not receive any gift cards or PayPal payments. Any attempt to engage in Fraud will be considered theft and punishable by applicable law. For purposes of these Terms of Use, “Fraud” is defined as: (1) artificially increasing a user’s balance in any way; (2) attempting to receive multiple gift cards or PayPal payments by (a) using different forms of identification, (b) using more than one email address, (c) exploiting the gift card submission form or PayPal
payment submission form, or (d) artificially submitting the gift card submission form or PayPal payment submission form; (3) using the App without receiving ads; (4) implementing or using any program, including, but not limited to, third party programs (such as ad-blockers), to modify the standard functionality of the App; and (5) using any other means to fraudulently obtain one or more gift cards or PayPal payments.
Gift Cards and PayPal Payments
You may receive a maximum number of gift cards or PayPal payments unless the Company, in its sole discretion, chooses to award additional gift cards or PayPal payments to you. Neither the Company nor any other party will issue any form of refund or issue any replacement gift cards or PayPal payments to you if you do not receive your gift card or PayPal payment, or your gift card code does not work. The Company is not obligated to answer or respond to any inquiries or other form of contact it receives from you regarding any gift cards or PayPal payments that you did not receive. The gift cards offered through the App are subject to change without notice and are in no way affiliated with Apple. Likewise, the process of awarding gift cards is in no way affiliated with Apple. Amazon e-Gift cards are only available in United States Dollars. PayPal payments can be paid to residents of most countries. If your country does not accept PayPal payments, the Company is not obligated to send you any substitute form of monetary payment.
Any email messages the Company sends to you may end up in your email application’s “spam” or “junk” folder. Please be mindful of this and regularly check these folders to ensure proper gift card delivery.
Geographic Restrictions
The Company is based in the State of Georgia in the United States. The Company makes no representations that the App and its Content are appropriate for use in all locations or may be downloaded outside of the United States. Use of or access to the App may not be legal by certain persons or in certain countries. By accessing or using the App, you do so at your own risk and are responsible for compliance with the laws and regulations of the jurisdiction from which you access or use the App.
By using or accessing the App, you consent to the transmission of your personal information, including your user id, password, and any other personal or non-personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.
Accounts and Account Security
The Company’s Customers may be able to use the App to access certain information regarding their account, including their user name and password. By establishing an account to use the App, you represent and warrant that you have the right and are authorized to provide the information required to register for the account. It is a condition of your use of the App that all the information you provide when establishing an account is correct, current and complete. You agree that all information you provide to the App when establishing an account or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may change your password in the account settings in the App. If you need to delete your account, please contact the Company at service@appsthatpay.co.
You are responsible for all activities occurring under your account and for keeping your password and account information confidential. Therefore, you should not disclose the user name, password, or any other confidential information associated with the App or your account to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you suspect a breach of security, that someone is accessing or using your account without your permission, or if you need to change your account information, please notify the Company immediately by contacting service@appsthatpay.co.
The Company reserves the right to terminate or suspend your account at any time for any reason without notice or explanation, including violation of these Terms of Use.
Personal Information
The collection and use of all information gathered on or through the App is governed by the Company’s Privacy Policy, which is incorporated into these Terms of Use by reference. The App uses cookies. By accessing or using the App, you consent to (a) all actions we take with respect to your information consistent with our Privacy Policy, and (b) the Company’s use of cookies in accordance with the terms of our Privacy Policy.
Content and Intellectual Property
The Company, its licensors, or other third parties own all content, including text, graphics, images, videos, trademarks or service marks, written materials, and any other information appearing in or otherwise a part of the App (“Content”). These Terms of Use permit you to use the App exclusively for your personal and other non-commercial use. The App and all Content contained therein is protected by contract law and various intellectual property laws, including domestic and international copyright, trademark, and other applicable laws, regulations, and international treaties. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content unless expressly permitted by the Company in writing, except that your mobile device may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content, and you may store files that are automatically cached by your browser or mobile device for display enhancement purposes. Subject to the restrictions set forth in these Terms of Use, and except for Content specifically and expressly made available for redistribution by the Company (e.g. by providing a print button or download button in connection with particular Content), you may print or download Content only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices. If we provide social media features with certain Content, you may take such actions as are enabled by such features. Any unauthorized use of any Content appearing on or otherwise a part of the App may subject you to civil and criminal penalties.
These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of the Company or the respective intellectual property owners. Modification of any Content in the App is explicitly prohibited. You are also prohibited from utilizing the App in any way that would damage its Content or visibility for other App users. As between the Company and you, the Company has and retains exclusive and valid ownership of the App, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of the Company. The Company, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of the Company. All other product names and company logos mentioned in the App or in the Content contained therein are trademarks of their respective owners. In addition to complying with all applicable laws and regulations, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the App without the prior written authorization of the Company or the respective owners of such Content or intellectual property. You agree that you will not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portions of the App or the Content contained therein.
The Company accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Company reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved to the Company and its licensors.
Service, Technical Information, and Informational Content
The Company makes a conscientious effort to display and describe the features available in the App accurately and completely. However, your interaction with the App depends upon a number of factors, including your mobile device and internet connection. The Company may change, update or remove features at its discretion. Therefore, the Company cannot guarantee the availability or accuracy of any or all features in the App. You agree that technical information, opinions, recommendations and other information made available to you in the App are for your convenience only.
The Company uses reasonable efforts to update the information in the App. However, the Content of the App is subject to change without notice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the App, or by anyone who may be informed by any of its contents.
Please contact us at service@appsthatpay.co if you have questions about the information presented in the App.
Prohibited Uses
You agree to use the App only for lawful purposes and in accordance with these Terms of Use. Specifically, you agree:

  • not to use the App in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
  • that you will not use the App to transmit or send unsolicited commercial communications;
  • that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the App (or the servers, networks, and databases which are connected to the App);
  • not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the App (or the servers, networks, and databases which are connected to the App);
  • that you will not edit or otherwise modify any content in the App other than your own User Contributions;
  • that you will not engage in any activity that interferes with or disrupts the App (or the servers, networks, and
    databases which are connected to the App);
  • that you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
  • that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the App for any commercial purpose (except for content specifically and expressly made available for redistribution); and
  • that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.
    User Contributions
    The App may contain messaging functions, personal profiles, surveys and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App. AllUser Contributions must comply with the Content Standards set out in these Terms of Use.
    Any User Contribution you post through the App will be considered non-confidential and non-proprietary. By providing any User Contribution in the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You also grant us the right to bring an action for infringement of these rights.
    You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.
    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the App.
    Monitoring and Enforcement; Termination We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
  • Terminate or suspend your access to the App for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted through the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
    Copyright Infringement
    If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to service@appsthatpay.co. It is the policy of the Company to terminate the user accounts of repeat infringers.
    Third Party Sites and Content
    The App may contain links to other websites or resources that our business partners and other third parties own or operate. Your access to and use of each of those websites is at your own risk and is subject to the terms and conditions, if any, that each of those websites have posted. We have no control over third party websites and we are

not responsible for any changes to or content on them. Our inclusion of any Content is not an endorsement of that material or link or the companies that own or operate the material or linked websites.
The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing such Content. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Social Media Features and Linking to the App
The App may provide certain social media features that enable you to:

  • View certain social media Content from within the App.
  • Link from your own social media accounts to certain content in the App.
  • Send emails or other communications with certain Content, or links to certain Content, in the App.
  • Cause limited portions of Content available within the App to be displayed or appear to be displayed on your own social media accounts.
    You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
  • Establish a link from any website or social media account that is not owned by you.
  • Otherwise take any action with respect to the Content in the App that is inconsistent with any other provision
    of these Terms of Use.
    We may disable all or any social media features and any links at any time without notice in our discretion.
    Modifications and Interruption of Service
    The Company reserves the right to suspend or terminate your use of the App at any time for any reason. The Company reserves the right to suspend or terminate your account and to delete any corresponding profile(s). The Company reserves the right to change, suspend, or discontinue any aspect of the App and any products and services available in or through the App at any time without notice and without liability to you or any third party. We do not guarantee continuous, uninterrupted or secure access to the App. The operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
    We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes, as they are binding on you. However, if we make material changes to these Terms of Use, we will notify you either through the email address you have provided us or by means of an in-App alert the first time you use the App after we make the changes. Your continued use of or access to the App following the posting of any changes to these Terms of Use constitutes your binding acceptance of those changes. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the App. The Company may also, in the future, offer new services and/or features through the App. Such new features and/or services shall be subject to the terms and conditions of these Terms of Use.

Warranty Disclaimers
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY ADVICE, SERVICES, OR ITEMS OBTAINED THROUGH THE APP, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR USE OF THE APP; (B) THE APP WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT, SPECIFICATION, OR EXPECTATION; (C) THE APP, ITS CONTENT, AND ANY ADVICE, SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE OR COMPLETE; (D) YOUR APPLICATION TO RECEIVE SERVICES WILL BE ACCEPTED OR HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (E) THE APP WILL BE AVAILABLE, SECURE OR ERROR FREE; (F) ANY ERROR OR DEFECTS IN THE APP WILL BE CORRECTED; (G) THE APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (H) THE APP IS LAWFUL, APPROPRIATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO THE APP, ANY CONTENT IN THE APP OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
General Representation and Warranty
You represent and warrant that (i) your use of the App will be in strict accordance with our Privacy Policy, these Terms of Use, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in
which you reside), and (ii) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its officers, directors, predecessors, successors, employees and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any use of the App’s Content or services other than as expressly authorized in these Terms of Use or your use of any information obtained from the App.
Termination and Survival
We may terminate your access to the App at any time, with or without cause, with or without notice, effective immediately. Except as otherwise provided in these Terms of use, all provisions of these Terms of Use, which by their nature should survive termination, shall survive termination and continue in full force and effect until they are satisfied or by their nature expire, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Severability; No Waiver
If any provision of these Terms of Use is held to be unlawful, void, or unenforceable for any reason, then the unlawful, void, 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 these Terms of Use shall continue in effect. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Assignment
You may not assign your rights under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void and shall not relieve you of any of your obligations under these Terms of Use. The Company may assign its rights under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Governing Law
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or related to these Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of laws principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in Cobb County, Georgia, and you hereby submit to the personal jurisdiction of such courts.
Notice
We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by means of an in-App alert. Notices sent by email will be effective when we send the email and notices we provide by in-App alert will be effective the first time you use the App after we post the alert in the App. It is your responsibility to keep your email address current. To give us notice under these Terms of Use, you must contact us using the contact information provided below.
Entire Agreement
These Terms of Use constitute the entire agreement between you and the Company relating to your use of the App and shall supersede any other agreement between you and the Company with respect to the subject matter of these Terms of Use. These Terms of Use may only be modified by a written amendment signed by an authorized executive of the Company, or by the Company posting a revised version of these Terms of Use in the App.
Miscellaneous
Each party shall perform its obligations under these Terms of Use in compliance with all international, federal, state and local laws, regulations and ordinances. These Terms of Use do not create any fiduciary relationships between you and the Company, service providers or other companies that assist with making the App available. These Terms of Use do not create any relationship of principal and agent, partnership or other similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings provided in these Terms of Use are for convenience only and shall have no legal or contractual effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party service providers and their respective agents shall be limited to the greatest extent permitted by law.
Contact Information
All feedback, comments, requests for technical support and other communications relating to the App should be directed to the Company at service@appsthatpay.co.