Indemnification
You agree to indemnify, defend, and hold harmless Express Apps Agency LLC and its members, managers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Site; or (c) your violation of any applicable law or third-party right.
Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
Changes to These Terms
We may update these Terms from time to time. The updated Terms will be posted on this page with a new Effective Date. For material changes, we will provide prominent notice on the Site. Your continued use of the Site after changes take effect constitutes your acceptance of the updated Terms.
Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or your use of the Site will be resolved as follows: (a) The parties will first attempt to resolve the dispute through good-faith negotiation for thirty (30) days. (b) If negotiation fails, the parties will attempt mediation administered by a neutral mediator in Pinellas County, Florida. (c) If mediation fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Pinellas County, Florida. Judgment on the award may be entered in any court of competent jurisdiction. (d) Notwithstanding the above, either party may seek emergency injunctive relief in a state or federal court located in Pinellas County, Florida. You and Express Apps Agency LLC each waive any right to a jury trial or to participate in a class action.
Relationship to Client Services Agreement
These Terms govern Site use only. If you have signed a Client Services Agreement with Express Apps Agency LLC, the CSA exclusively governs the paid services engagement, including all matters of payment, deliverables, code ownership, hosting, and warranty. In any conflict between these Terms and the CSA with respect to a paid engagement, the CSA controls.
General Provisions
a) Severability. If any provision of these Terms is found unenforceable, the remainder will continue in full force and effect.
b) Entire Agreement. These Terms, together with the Privacy Policy and any applicable CSA, constitute the entire agreement between you and Express Apps Agency LLC with respect to the Site.
c) No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
d) Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
e) Force Majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, pandemics, government orders, or third-party platform failures.
f) Electronic Communications. By using the Site, you consent to receive communications from us electronically. Electronic communications satisfy any legal requirement that communications be in writing.