TERMS OF SERVICE
Welcome to Aptora’s flat rate pricing website. It is the home of our Flat Rate Plus® software program.
This website allows users to create flat rate pricing systems, flat rate price books, sales presentation tools, and more. It is also a social media site for your businesses.
This website and the services it provides are hereafter referred to as “FRP”. Your use of FRP is subject to these Terms of Service (“Terms”). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.
Our web-based Service allows users who register for an account (each an “Account Holder”) to create and update an online social networking site. Once registered, each Account Holder receives his or her own Social Networking Site and may post “Content” (defined in Your Rights in your Content). Any new features on the Service, including the release of new FRP tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the FRP Newsletter. These communications are considered part of FRP membership. You may not access the Service by any means other than through the Service interfaces we provide you with.
To register as an Account Holder, you must provide us with a valid email address and other information (“Registration Data”). You will choose a password and account designation for your web sites during the registration process and you will obtain a FRP ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if FRP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
CANCELLATION AND TERMINATION
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content. For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
WHO CAN USE THIS WEBSITE
This website is intended for professional use only and may only be used by companies and employees of companies and those persons must be eighteen (18) years of age or greater.
WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third-party, including damages of any kind incurred as a result of such acts or omissions.
Customers may access their Account data via an API (Application Program Interface). In order to use and access the API, you must obtain API credentials (a “Token”) by becoming a subscriber. No subscriber may share its Token with any third party, but shall keep such Token and all login information secure, and shall use the Token as such subscriber’s sole means of accessing the API. You are responsible for all use that occurs under your Token, including any activities by you or your employees, contractors or agents. If you believe an unauthorized person has gained access to your Token we have issued you, you must notify us as soon as possible. Any use of the API, including use of the API through a third-party product that accesses FRP, is bound by the terms of this Agreement as well as the following specific terms:
You shall not:
Use or access our API for any application that replicates or attempts to replace the essential user experience of FRP’s website and/or applications.
Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use our API.
Use or access our API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
Use or access our API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use or access our API in a manner that adversely impacts the stability of the API, the Services, and/or the FRP servers. FRP reserves the right to deactivate your Token or block any IP address associated with your Token without limitation or notice if it determines, in its sole discretion, that traffic associated with your Token is adversely impacting the stability of the API, the Services, and/or the FRP servers.
Make API calls exceeding a reasonable amount, as determined in FRP’s sole discretion and in accordance with this Agreement.
Substantially replicate products or services offered by FRP, including, without limitation, functions or clients on platforms (such as iOS or Android) where FRP offers its own client or function.
Use or access our API or the Services in order to monitor the availability, performance, or functionality of any of the API or a Services or for any similar benchmarking purposes.
Repackage, sublicense, or resell the Services, our API, or the Data, or access thereto, or any part thereof,
Use or access the API or the Data in any manner that does or could potentially undermine the security of the Services, the API, the Data or any other data or information stored or transmitted using the Services.
Interfere with, modify, or disable any features, functionality or security controls of the Services or our API.
Defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any protection mechanisms for the Services or our API, reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Services or our API.
API Call Limitations: FRP may limit the number and type of API calls you are permitted to make during any given period. FRP will determine call limits based on various factors, including the ways your offerings may be used or the anticipated volume of use associated with your applications. If you abuse the API or exceed the call limits established by FRP, we reserve the right to charge you for excess API calls or to terminate your access to the API in accordance with the terms hereof. FRP, in its sole discretion, will determine abuse or excessive usage of the API. FRP may, but is not required to, make a reasonable attempt via email to warn the Account owner prior to suspension.
FRP reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You expressly understand and agree that FRP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FRP has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
FRP shall have the right to audit your compliance with any restrictions or obligations pertaining to the API contained herein.
YOUR RIGHTS TO YOUR CONTENT
FRP does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, flat rate books, services, or other materials you post on a web site via FRP (“Content”) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. By using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we be liable for your Content or the content of any third-party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public. The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a FRP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) “stalk” or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
(n) use the Service as a forwarding service to another web site;
(o) solicit a third-party’s passwords or personal identifying information for unlawful or phishing purposes;
(p) exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, “get rich quick”, “get paid to surf”, pyramid/MLM, or other dubious schemes.
(q) upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
(r) create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
(s) upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
Some of the features on the Service require payment of fees. If you select to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
Downgrading your account from one plan to another plan may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
If you select to download or access any additional software or third-party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third-party content. If you do not agree to the third-party’s terms of service or license agreement, do not download the software or content.
Your use of any third-party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third-party software or such content beyond the terms contained in the third-party provider’s terms of service or license.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify and hold FRP, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
GENERAL PRACTICES REGARDING USE AND STORAGE
We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to you.
OUR PROPRIETARY RIGHTS
DISCLAIMER OF WARRANTIES
CERTAIN STATES REQUIRE THE FOLLOWING TO TEXT TO BE UPPERCASE AND BOLD.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. BBC DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
We may provide notices to you via either fax, email, or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.
These Terms and the relationship between you and FRP shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and FRP agree to submit to the personal and exclusive jurisdiction of the courts located within Johnson County, Kansas.
The failure of FRP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content, or third-party software.
If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Please email email@example.com with any questions or to report any violations of these Terms.