User Agreement

The Application Masters, LLC

Website Terms and Conditions

1.  Welcome!  Welcome to the website of The Application Masters, LLC (“TAM”, “we” or “us”).  This website provides information about TAM and the services it provides.
2.  Our Rules.  For TAM’s website to function at its best, there are certain terms and conditions that govern the site.  By using this website, you agree to be bound by these terms and conditions.  This site may contain links to other sites that provide information and/or services. Those sites have their own rules and terms and conditions to which you should refer before using such sites.  Also, you may be required to review and accept additional terms and conditions to access and use certain portions of this website.
3.  Updates and Amendments.  We may update and amend these terms and conditions from time to time by posting the modified version of the terms and conditions on this site.  The modified version of these terms and conditions will automatically become effective with respect to you upon being posted on the site.  Your continued use of this site after the updated and/or amended terms and conditions have been posted means you agree to be legally bound by the terms and conditions as modified.  These Terms and Conditions were last modified as of August 26, 2010.
4.  Privacy.  TAM’s privacy policy is set forth in full at www.theapplicationmasters.com under the Privacy Policy link and is incorporated into and made a part of these terms and conditions.
5.  Information; Site Availability.  TAM takes reasonable steps to confirm the accuracy of the information on this site; however, certain content on this site is provided by third parties and/or members.  As a result, TAM makes no warranty or representation with respect to the accuracy, completeness or timeliness of information accessible through the website.  TAM may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any service, feature or data, without notice or liability to you.
6. System Integrity.  You agree not to use any software, scheme or device to interfere or attempt to interfere with the proper working of TAM’s site.  If you have an account, you agree not to disclose or share your username or password with any third parties or use your username or password for any unauthorized purpose.
7.  Copyright and Use of Materials.  The information and materials on this website are protected under United States copyright laws and world wide copyright laws and treaties and are owned by TAM or other third parties.  You may download a copy of any of the materials on this site for use by you for non-commercial purposes, provided you do not delete or change any copyright or trademark notice.  You may not otherwise distribute, transmit, reuse, report or use the content of this site for public or other commercial purposes.   In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of TAM.
8.  Trademarks.  “TAMTM” and “TAMSM” are service marks of The Application Masters, LLC  and are protected under state law.
9.  NO WARRANTY.  YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.  WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEBSITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF NATURE AND/OR CONTINUOUSLY EVOLVING TECHNOLOGY.  THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE.  FURTHER, WE PROVIDE THIS WEBSITE AND OUR SERVICES HEREUNDER “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED.  WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY GOODS OR SERVICES OFFERED, PROVIDED OR SOLD THROUGH THIS SITE.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10.  ASSUMPTION OF RISK AND WAIVER OF DAMAGES.  YOU AGREE THAT YOUR USE OF THIS WEBSITE AND ALL DATA OBTAINED FROM THIS WEBSITE IS AT YOUR OWN RISK AND THAT IN NO EVENT WILL WE (OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON DATA OR INFORMATION FROM THIS WEBSITE; FOR ANY USE YOU MAY MAKE OF THIS WEB SITE; OR FOR ANY PERFORMANCE OR FAILURE TO PERFORM BY US IN CONNECTION WITH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO FAILURE TO OBTAIN AN INTERVIEW WITH OR ENTRANCE INTO ANY SCHOOL, COLLEGE OR UNIVERSITY, LOST PROFITS, OR BUSINESS INTERRUPTION OR ANY OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.  LIMIT OF LIABILITY.  YOU AGREE THAT IN NO EVENT WILL WE (OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE PURCHASE OR ACCESS OF GOODS OR SERVICES THROUGH THIS WEBSITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, WHETHER BY STATUTE, LAW, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR.   FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.
If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12.  Compliance with Laws.  You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and any purchase of or access to goods and/or services through this site.
13.  Notices.  If you want to send us a notice in relation to these terms and conditions, you must send it by e-mail to the following address:

We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you.  You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent.  You agree that any notices sent by the U.S. mail as provided in this paragraph will be deemed delivered and received three business days after the date of mailing.
14.  Governing Law.  You agree that these terms and conditions are governed by the laws of the State of Texas, excluding any application of conflicts of laws rules or principles.  You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase of or access to products or services through, our site shall be an appropriate federal or state court located in Dallas, Texas.
15.  Offensive, Libelous or Unlawful Messages; Copyright and Other Restrictions on Use of Service.
(a)  No Offensive Content.   You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information or material of any kind.
(b)  No Illegal Material or Encouragement of Illegal Behavior.  You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.  You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.
(c)  No Violation of Copyright, Trademark or Trade Secret Rights.  You agree that you will not use the site, nor allow others to use your account, to publish, post, distribute or disseminate another’s proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
(d)  No “Spamming,” Advertisements or Chain Letters.  You agree that you will not use, or allow others to use, your account or use the information available through this site, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities.  You will not, nor allow others to use your account, to post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes.  Except as specifically permitted by this site, you will not post or transmit any advertising, promotional materials or any other form of solicitation.  We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
(e)  No “Hacking.”  You agree that you will not use, or allow others to use your account, to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
(f)  No Impersonation of Others.  You agree that you will not, nor allow others to use your account to, impersonate another user or otherwise falsify one’s user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
(g)  No “Viruses.”  You agree that you will not, nor allow others to use your account to, intentionally transmit computer “viruses,” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
(h)  TAM’s Right to Remove.  TAM reserves the right not to post any data or materials to, or to remove any data or materials from, its site, without notice to a user and without liability to TAM.  You agree to release TAM from any claims or allegations that may result from such removal.  Further, you agree to release TAM from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law or of this or other agreements with TAM.  If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”