Terms of Services
Last modified: 1 Jan 2024
These policies address the general guidelines for using Applicantus's services and platform. You agree to the following regulations by using Applicantus' services:
Applicantus, LLC. (hereinafter “our”, “we”, or "Company"), is a limited liability company.
If Applicantus chooses to modify its Terms and Conditions, we will post those changes to our Site and any other places we deem necessary and appropriate. Applicantus reserves the right to modify its Terms and Conditions at any time, so please review it frequently. Your access to and use of the Site is subject to the following terms and conditions (interchangeably “Terms and Conditions”, “Terms”, or “Agreement”) and all applicable laws. By accessing the Site, you accept Applicantus’s Terms and Conditions and you acknowledge that any other agreements between you and Applicantus are superseded and of no force and effect, with respect to the subject matter addressed herein.
Intellectual Property
This Site contains information, content, services and software including, without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (hereinafter the “Content”.) Everything located on or in this Site is either (1) the exclusive property of Applicantus; (2) used with the permission of the copyright and/or trademark owner; or (3) part of the public domain. This Content is copyrighted as a collective work under the U.S. copyright laws, and Applicantus owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as otherwise expressly stated in this agreement, any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site, without express permission from Applicantus, is strictly prohibited.
Material submitted by You. It is the responsibility of You to make sure that the material submitted is original and/or You do have permission to use it. It is also the responsibility of You to ensure the material added comply with all local, state and federal laws (for example American with Disability Act). Applicantus does not accept any responsibility as to review of such material for copyright issues. If Applicantus is informed by any third-party of copyright infringement and/or questionable material, Applicantus reserves the right to remove the material in question from our server. It is the responsibility of the You to resolve such complaints, objections and/or any legal action brought resulting from the use of such material.
Indemnification
You agree to indemnify, hold harmless, and defend Applicantus from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to:
This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your service. You agree to fully cooperate, at your expense, as reasonably required by an Indemnified Party.
Arbitration
In the event any dispute should arise between Applicantus and any other party with respect to the performance of either of them hereunder the parties agree that it shall be resolved by binding arbitration conducted in Miami Dade County, Florida, by a single arbitrator selected in accordance with the commercial arbitration rules of the American Arbitration Association, the arbitration to be conducted in accordance with the Rules of the American Arbitration Association. The decision of the arbitrator shall be final and no appeal may be taken there from, and judgment on such decision may be entered in Miami Dade County, Florida. The parties shall each pay one-half (1/2) of the expenses of the arbitration, with each party responsible for the payment of their respective attorneys’ fees. Notwithstanding the foregoing, the arbitrator may award reasonable attorneys’ fees to the party determined by the arbitrator to have prevailed in that proceeding. This Agreement shall be construed and interpreted pursuant to the laws of the State of Florida.
Severability
If any phrase, clause or provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such phrase, clause or provision shall be deemed severed from this Agreement, but will not affect any other provisions of this Agreement, which shall otherwise remain in full force and effect. If any restriction or limitation in this Agreement is deemed to be unreasonable, onerous and unduly restrictive by a court of competent jurisdiction, it shall not be stricken in its entirety and held totally void and unenforceable, but shall be deemed rewritten and shall remain effective to the maximum extent permissible within reasonable bounds.
Disclaimers
Your use of and browsing of this Site is at your sole discretion and risk. Neither Applicantus nor any other party, person or agent, involved in creating, producing, maintaining or delivering the site is liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of your access to, or use of, the site. Without limiting the foregoing, except in those jurisdictions which may restrict or limit exclusions of implied warranties, to the maximum extent permitted by federal, state, and/or local laws, everything on the site is provided to you “as is'' without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Applicantus also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect or invade your computer equipment or other property on account of your access to, use of, or browsing in the site or downloading of any materials, data, text, images, video, or audio from the site.
Applicantus makes no, and You receive no, express or implied warranty or guaranty with respect to the Services, any medical terminology Information, any Website, privacy or confidentiality, and/or the Customer Information, except as otherwise required by law. Applicantus specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, and You agree that You are not relying whatsoever on any particular merchantability or fitness for a particular purpose.Services, any unauthorized use by any third party of any Customer Information and any violation of any property rights of any third party. It is Your sole duty and liability to monitor Your Customer Information, to maintain its accuracy and completeness on Your Hosted Website, and to make all corrections, modifications, repairs and replacements which may be required in order to properly maintain Your Customer Information on Your Hosted Website. If You
claim Applicantus breached any warranty, You shall have conclusively waived Your
rights unless You give Applicantus written notice thereof within the later of: (a) thirty
(30) days after the alleged breach by Applicantus; or (b) any longer time period
provided under the law. You agree that Applicantus is not responsible or liable to
You or to any third party for any lost profits, or incidental, consequential, indirect,
special or contingent damages for any breach of warranty or other breach of
Applicantus’ obligations hereunder. Applicantus’s maximum liability under any theory of warranty or contractual breach shall be monetary damages no greater than the cumulative total that You have paid during the four year period ending with the first alleged breach. Applicantus shall be given a reasonable opportunity to investigate all claims, inspect allegedly defective Services, and cure the alleged defects.
Medical Disclaimer
Applicantus does not provide medical advice through the Site, and the Content is not meant to be a substitute for professional medical advice, diagnosis, or treatment. The Site and its Content are solely for informative purposes. Never dismiss or postpone obtaining competent medical advice because of something you read on the Site. Applicantus makes no recommendations or endorsements of any specific treatments, services, tests, physicians, thoughts, or other material discussed on the Site. Any reliance on information given on the Site, whether by Applicantus or another party, is entirely at your own risk.
Governing Law
This Agreement shall be governed by the laws of the State of Florida as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions.
THESE TERMS AND CONDITIONS OF SERVICES (INTERCHANGEABLY “TERMS AND CONDITIONS”, “TERMS”, OR “AGREEMENT”) CONSTITUTE A CONTRACT BETWEEN YOU AND APPLICANTUS AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, AGENTS AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE, A FREE TRIAL OF THE SERVICE.
These terms of service are an agreement (this "Agreement") between You and Applicantus LLC that governs Your use of any website developed or maintained by Applicantus, whether in connection with Applicantus's services, whether or not You paid for them, as well as Your rights and obligations with regard to any services that Applicantus may provide You. The words "You," "Your," and words of a similar kind shall include Your agents, patients, and other end-users. Applicantus may design and host one or more websites for You (“Hosted Websites”) in addition to running its own website (www.tandemtech.studio and any successors or additional sites). The term "Website" refers to both Hosted Websites and Applicantus's own website(s), unless otherwise noted.You are unquestionably considered to have accepted all of the terms and conditions of this agreement if you use any Website.
Billing, Payment, and Cancellation Policy
Regarding paid subscriptions, Applicantus commits not to raise the costs during the period for which you gave your consent, and further agrees to give you at least 30 days' notice of any such change. Bills must be paid within 30 days of presentation. Applicantus may disable Your Hosted Website at any time and without prior warning if You do not pay Your total fee within 30 days of its presentation. Except as expressly stated in special promotions or as mentioned herein, you agree that none of Your payments, or any portion thereof, are refundable. Periodic subscription fees must be paid in full upfront (including renewals and upgrades, as provided).
You have the right to cancel your subscription at any time, regardless of the length of your subscription, as long as the cancellation takes effect at least 30 days after you submit written notice to Applicantus. If You do not include a termination date in such a notice, it will be assumed that it will stop at the conclusion of the current billing cycle, which will be at least 30 days after Applicantus received Your notice of cancellation.
Termination of your current subscription incurs no fee. All complimentary (free) services are subject to termination by Applicantus at any moment and without prior notice. No matter how long the delay is between the termination date and the time that Applicantus actually deactivates Your Hosted Website and/or apps, Applicantus will never be held responsible for any damages.
Contact us
You agree to keep Applicantus informed at all times as to Your current email address, telephone number and street address.