The site is our site and if you want to blog about it, tweet about it, post your results, or in any other way voice your opinion we'll be thrilled, even if it's negative. Do not, however, abuse the service or do whatever it is bad people do when they're feeling ornery.
These terms of service ("Terms") apply to all versions of the website appthwack.com that we (Trellis Automation, Inc. d/b/a AppThwack, our affiliates, or our subsidiaries) operate (the "Site"). We may refer to ourselves in these Terms as "AppThwack," "we," or "us."
Some of the features and activities we offer on the Site may be subject to additional terms. For example, our running tests on your application will be under a separate Customer Agreement. We will specify the need for any additional terms on the Site.
Please note that we will resolve disputes only in Multnomah, Oregon. You will find details about this in the Applicable Law and Disputes section of these Terms.
If you have any questions about these Terms, please e-mail us at .
The Site is for your personal use only. You may electronically copy and print hard copy portions of AppThwack's and its licensors' content featured or displayed on the Site ("Content") for your own noncommercial use as long as there are no restrictions expressly stated on the Site relating to that Content.
Otherwise, unless you receive prior written permission from us, you may not copy, modify, create derivative works from, display, perform, publish, distribute, transmit, transfer, license, or sell any Content. This includes text, graphics, data, photographs, still and moving images, sound, illustrations, information, software, products, and services, and the arrangements of Content. You agree that your unauthorized use of any Content could cause us irreparable harm, and that if you use the Content in an unauthorized way, we are entitled to an injunction in addition to other legal or equitable remedies.
We may allow you to post content on bulletin boards, blogs, and other publicly available locations on the Site. Anything that you post, upload, or submit to these locations ("Communication") is considered non-confidential and non-proprietary. We are not obligated to maintain the confidentiality of any information, in whatever form, contained in any Communication.
You are responsible for ensuring that none of your Communications violate any copyright, trademark, trade secret, or other rights of another person or entity or defame any other person or entity. You will be liable for any infringement of copyright, trademark, trade secret, or other rights, any defamation, and any other harm resulting from your posting, uploading, or submission of any Communication.
By posting, uploading, or submitting any Communication, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, copy, modify, adapt, publish, translate, create derivative works from, archive, aggregate, distribute, transmit, perform, and display the Communication and your name, voice, and likeness, in whole or in part, in any manner and in any media, format, or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, in perpetuity throughout the universe, without any further notice or payment to or permission from you. We are not obligated to use any Communication.
We may monitor, review, block or remove any Communication, but we are not obligated to do so. We are not in any manner responsible for the content of any Communication. You agree that by providing you with the ability to view Communications on the Site, we do not have any obligation or liability relating to any Communication, including any liability arising under the laws relating to copyrights, trademarks, defamation, privacy, or obscenity or any other law.
Any opinions, advice, statements, or other information contained in any Communication are those of the Communication's author or distributor and are not ours. We do not endorse or guarantee the accuracy, completeness, or usefulness of any Communication.
The Site may contain links to other sites on the Internet that are owned or operated by third parties ("External Sites"). We have no control over and are not responsible for External Sites or for the privacy practices, data collection practices, or content of External Sites. You access them at your own risk. Links do not imply that we sponsor, endorse, or are affiliated or associated with the External Sites.
All of the Content, Communications, information, and services contained in or provided via the Site, including text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties express or implied, including implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. We do not make any warranties or representation regarding the use of the Content or other information in the Site in terms of its completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. To the fullest extent permitted by law, we disclaim any warranties for other services or goods received through or advertised on External Sites accessed through any links on the Site. The above limitations may not apply to you.
In no event will we be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the Content, information, services, and materials available from this Site. The foregoing limitations will apply with respect to damages incurred by reason of other services or goods received through or advertised on External Sites accessed through links on the Site. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms, your use of the Site (including negligent or wrongful conduct), and the use of the Site by any other person using your user account.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you and us in connection with the Site, will be governed by, and construed in accordance with, the laws of the State of Oregon without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Oregon. Any legal proceedings arising out of the use of the Site or relating to these Terms will be instituted only in the federal or state courts located in the Multnomah, Oregon, and you consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Terms.
We make no representation that the Content or the Site is appropriate or available for use in locations outside of the United States. If you choose to access this Site from outside of the United States, you do so on you own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
The Site is our copyrighted property. The Site may include Content owned by others that is licensed to us. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks of and are proprietary to us or our licensors.