Welcome to the Apprimus Inc. web site (the "Site"). Apprimus Inc. provides its web site to you subject to the following Terms and Conditions (the "Terms and Conditions"). The Terms and Conditions govern your use of the Site and by accessing or using the material on the Site, you indicate that you understand and agree to the following provisions:
1. TERMS AND CONDITIONS OF USE
Apprimus Inc. provides its web site to you, subject to the following Terms and Conditions, which may be updated by us at any time and without notice. Unless stated otherwise, changes will be effective when they are posted. You can review the most current version of the Terms and Conditions at any time by clicking on the link entitled "Liability Disclaimer" located on our home page. You will also see links to our Legal Information Statement on other pages comprising our Site.
2. NO SOLICITATION OR OFFER SERVICES OR ADVICE
This Site is designed to provide general information about Apprimus Inc. and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
3. NO LEGAL ADVICE
Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation.
5. HOLD HARMLESS
You agree to release and hold Apprimus Inc. and its subsidiaries and affiliates, and all of their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, made by any party due to or arising out of your access or use of the Site, your violation of these Terms and Conditions, and/or your violation of law.
7. COMMUNICATIONS WITH OUR SITE
Apprimus Inc. welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material or other content (collectively, the "Materials"), to this Site. you automatically grant Apprimus Inc. the royalty-free, perpetual, irrevocable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such Materials (in whole or in part) worldwide and/or to incorporate it into other works in any form or media now known or later developed. Further, Apprimus Inc. is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send through the Site for any purpose, including but not limited to creating and marketing products and/or services using such information.
8. PROPRIETARY RIGHTS
You acknowledge and agree that the content (including images, text and the "look and feel" attributes) presented to you through the Site is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by Apprimus Inc. in writing, you agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Site in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by Apprimus Inc..
9. DISLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE CONTENT OF THIS SITE IS PROVIDED ìAS ISî. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED THEREBY NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NO-VIRUS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPRIMUS INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR BUSINESS INTERRUPTION (EVEN IF APPRIMUS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF APPRIMUS, INC.), IN CONNECTION WITH OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY CLAIM OF ANY OTHER PARTY.
Any software downloaded from this site is subject to the applicable license terms and/or government control or other restrictions. By accessing and using this Site, you acknowledge these restrictions and agree to be subject thereto and to comply therewith.
11. GOVERNING LAW
Access and use of this site and the construction of this Liability Disclaimer shall be governed by and in accordance with the laws of the State of New Jersey without regard to its conflict of law principles.
Any controversy or claim relating to this Site shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect, in its offices in Newark, New Jersey of the Untied States. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction.
Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the federal and state courts of the State of New Jersey, United States with respect to the enforcement of the arbitration provisions hereof, and you agree to waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
14. SEVERABILITY AND SUPERSEDING CONSTRUCTION
Should any provision(s) herein be determined to be invalid or unenforceable pursuant to applicable law by a competent authority with jurisdiction, a valid and enforceable construction that is most close to the original commercial intent expressed thereby shall be given to and supercede such provision(s), while the balance hereof shall remain in full effect.
15. ENTIRE AGREEMENT
By access and use this site, you agree that the terms and conditions contained and referenced herein represent the entire understanding between Apprimus, Inc. and you with respect to your access and use of this Site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications.