Last updated: October 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Apt. mobile application (the “Service”) operated by Concept Resource Development LLC (“Apt,” “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

 

Security Services

Your landlord or property manager, its employees, and agents, including maintenance and security service providers, (collectively, the “Manager”) might choose to use the Service in connection with its provision of security services. As a result, you might use the Service to report certain security concerns to the Manager.

The Service is solely intended to enable you to send private alerts to the Manager in certain circumstances. THE SERVICE DOES NOT PROVIDE SECURITY OR PREVENT INTRUSION, THEFT, OR CRIME. THE SERVICE IS NOT A SECURITY SERVICE; ALERTS ARE SENT ONLY TO THE MANAGER. THE SERVICE DOES NOT, AND IS NOT DESIGNED TO, CONTACT EMERGENCY RESPONDERS including, but not limited to, law enforcement, fire services, or ambulance or medical services (“Emergency Services”). The alerts and security- related communications are not monitored by Apt., law enforcement, emergency service responder, or any other individual or entity except those entities specified by the Manager when customizing the Service alert settings. Apt. is not an insurer and it is not responsible for the acts or omissions of third parties or for events beyond its control. You hereby acknowledge that the Service is not a personal emergency response system, alarm system, or alarm protective service, and that Apt. is not an alarm business.

 

Permission to Enter

Certain functions of the Service include an option to permit the Manager to enter your home. By selecting such an option, you are authorizing the Manager to enter your home during the time period indicated through the Service, solely for the purpose of investigating or resolving the issue or concern you reported through the Service. You hereby acknowledge that you might not receive any additional communication or confirmation of this authorization.

 

Communications

By creating an account on the Service, subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Opting out from our communications does not opt out of any communications you might receive from the Manager or any other third party.

 

Content

The Service allows you to post, link, store, share and otherwise make available certain information, text, images, graphics, videos, or other material (“Content”). You are solely responsible for the content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (iii) the Content is true and accurate in all respects.

You retain any and all of your rights to any Content you submit, post or display on or through the Service, subject to the rights you have granted to us herein, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. By posting Content using the Service or providing information to your Manager, you grant us the perpetual, sublicenseable, transferable, royalty- free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content and information on and through the Service, including in future iterations of the Service or related services across all media and throughout the world.

Apt. has the right but not the obligation to monitor and edit all Content provided by users.

 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You hereby accept sole responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service, and whether you knew of or permitted, by act or omission, such activities or actions. You must notify us immediately upon becoming aware of any breach of security or unauthorized access to or use of your account or log-in credentials.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality, including all source code, derivative works, and all intellectual property rights (including copyright, patent, and trademark rights) appurtenant to such property, are and will remain the exclusive property of Apt. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Apt.. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, features, or functionality, whether in whole or in part, for any reason including commercial purposes or for personal gain, without express advance written permission from us.

 

Message Charges

Neither Apt. App, the property management and/or third parties involved in such text messages are directly charging you to receive such text messages. However, standard message and data rates do apply for the services through your third party service provider/carrier. Please check your ‘SMS’ rate plan that you setup with your third party service provider/carrier.

 

Links To Other Web Sites

The Service may contain links to third party web sites or services that are not owned or controlled by Apt..

Apt. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Apt. shall not be responsible or liable, directly or indirectly, 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Termination

We may terminate or suspend your account and bar access to the Service or any portion thereof immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you will need to contact the Manager. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, release, indemnify and hold harmless Apt. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and/or log-in credentials; b) your breach of these Terms, or c) any Content provided by you to or through the Service.

 

Limitation Of Liability

In no event shall Apt or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party, including the Manager, on or through the Service; (iii) any content obtained from or accessed through the Service; and (iv) unauthorized access, use or alteration of your transmissions, data or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Apt. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) your Content or other data is secure; or e) the results of using the Service will meet your requirements or expectations. You agree that, by agreeing to these Terms, you are waiving the right to a trial by jury or to participate in a class action. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and the Privacy Policy, which is hereby incorporated by reference, constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms.

 

Contact Us

If you have any questions about these Terms, please contact us at: Hello@aptappmobile.com