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1. Acceptance of Terms.
1. By (i) using this Web site or any other web sites of aapptec, its affiliates and agents (aapptec) with links to these Terms of Use (the General Terms) (the Site) in any way, including using, transmitting, downloading or uploading any of the services or functionality (Services) or Materials made available or enabled via the Site by aapptec or users of the Site (Users), or (ii) merely browsing the Site, you agree to these General Terms and the aapptec Privacy Policy, which is incorporated herein by reference. Materials includes any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (y) products, and (z) aapptec software code and associated documentation (Software), in each case made available or enabled by aapptec or users of the Site.
2. You may not use the Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with aapptec, or (ii) you are prohibited by law from receiving or using the Services.
3. aapptec makes certain Services and Materials available only if you have paid a fee or if you have created an aapptec ID and password or other log-in ID and password (Log-In Information). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service (Additional Terms). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms are referred to herein as the Terms.
4. aapptec may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. When these changes are made, aapptec will make a new copy of the General Terms available at the Site and any new Additional Terms will be made available to you from within or through the affected Service. aapptec may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.
   5. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.
2. Use of Site, Services and Materials.
1. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.
2. Unless expressly agreed to by aapptec in writing elsewhere, aapptec has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available (Your Content). aapptec has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you don't choose, the system may default to its most permissive setting. You agree that aapptec retains the right to create reasonable limits on aapptec's use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by aapptec in its sole discretion.
3. You agree that your Log-In Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Log-In Information confidential and you are solely responsible for all activity that occurs under your Log-In Information. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify aapptec immediately. You may not use another's Log-In Information. aapptec may require that you change your Log-In Information at any time for any reason.
4. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (Law).
5. You agree not to access or attempt to access the Services by any means other than the interface provided by aapptec.
3. Ownership.
1. The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the Intellectual Property Rights). Except as expressly provided in the Terms, aapptec and its suppliers do not grant any express or implied rights to use the Site, Services and Materials.
2. The trademarks, logos and service marks displayed on the Site (the Marks) are the property of aapptec or third parties. You are not permitted to use the Marks without the prior consent of aapptec or the third party that may own the Marks. aapptec and the aapptec logo are trademarks of aapptec.
4. Use of Software.
1. Any Software that is made available via the Site is the property of aapptec and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. License terms are available for review with the Software hard copies or downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except for as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
2. If no license agreement accompanies the Software, use of the Software will be governed by the Terms. aapptec grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive license to use the Software for the sole purpose of enabling you to use the Services as provided by aapptec, in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from aapptec and aapptec may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that aapptec's Intellectual Property Rights in the Software are protected. Unless aapptec has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
3. The Software may automatically download and install updates from aapptec from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit aapptec to deliver these to you) as part of your use of the Services.
5. Use of aapptec Materials, User Content and Shared Group Content.
1. Except as indicated to the contrary in any applicable Additional Terms, aapptec hereby grants you a license to view, download and print Materials provided by aapptec (aapptec Materials) and any Materials provided by Users (User Content), except for Shared Group Content, subject to the following conditions:
1. You may access and use the aapptec Materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
2. You may not modify or alter the aapptec Materials or User Content;
3. You may not distribute or sell, rent, lease, license or otherwise make the aapptec Materials or the User Content available to others; and
4. You may not remove any text, copyright or other proprietary notices contained in the aapptec Materials or User Content.
2. Some Services involve collaboration and file-sharing services among a specific group (a Group) in conjunction with such collaboration and file-sharing (Shared Group Content). Members of a Group may use the Shared Group Content available to such Group in any manner that has been agreed upon by the User providing such Shared Group Content to the Group. It is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute within your Group. You agree that aapptec has no liability of any kind should members of your Group modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use.
3. aapptec reserves the right to revoke the authorization to view, download and print the aapptec Materials and User Content at any time, and any such use shall be discontinued immediately upon notice from aapptec.
4. Software is subject to the additional provisions governing Software set forth herein.
5. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by aapptec. In addition, various sections of the Sites may showcase the work of creative professionals. Such Materials (whether aapptec Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
6. User Conduct.
1. You agree that you, not aapptec, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or via the Services (Make Available), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
2. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your Content in keeping with your use in connection with the Site, the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.
3. You acknowledge and agree that by accessing or using the Site, Services or Materials, you may be exposed to Materials from others that are offensive, indecent or otherwise objectionable.
4. You agree not to use, or to encourage or permit others to use, the Site or Services to:
1. Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child pornography, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Stalk and/or harass another;
3. Harm minors in any way;
4. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
5. Make Available any Material that infringes any Intellectual Property Right of any party;
6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
8. Use the Site, Services or Materials such that it will mislead a User into believing that they are interacting directly with aapptec or any Service;
9. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
10. Use any aapptec domain name as a pseudonymous return email address;
11. Make Available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
12. Access or use the Site or Services in any manner that could damage, disable, overburden or impair any aapptec server or the networks connected to any aapptec server;
13. Interfere with or disrupt the Site or Services or violate any applicable Laws related to the access to or use of the Site or Services, violate any requirements, procedures, policies or regulations of networks connected to the Site or Services, or engage in any activity prohibited by the Terms;
14. Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
15. Disrupt, interfere with, or inhibit any other User from using and enjoying the Site, Services or Materials, or other affiliated or linked sites, services or Materials;
16. Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Site or Services;
17. Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by aapptec;
18. Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Site, the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; and
19. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Site, Services or Materials.
7. Investigations.
1. aapptec, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, aapptec shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
2. Although aapptec does not generally monitor User activity occurring in connection with the Site, Services or Materials, if aapptec becomes aware of any possible violations by you of any provision of the Terms, aapptec reserves the right to investigate such violations, and aapptec may, at its sole discretion, immediately terminate your license to use the Site, Services, or Materials or change, alter or remove Your Content, in whole or in part, without prior notice to you. If, as a result of such investigation, aapptec believes that criminal activity has occurred, aapptec reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, aapptec is entitled to disclose any information or Materials, including Your Content, in aapptec's possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request, (ii) enforce the Terms, (iii) respond to any claims that Your Content violates the Terms or rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of aapptec, its Users or the public, and law enforcement or other government officials, as aapptec in its sole discretion believes to be necessary or appropriate.
8. Use of Your Content.
1. aapptec does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, and unless otherwise specifically agreed in any Additional Terms that might accompany individual services, you grant aapptec a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed.
2. Publicly accessible areas of the Services are those areas of the aapptec network of properties that are intended by aapptec to be available to the general public. However, publicly accessible areas of the Services do not include Services intended for private communication or areas off the aapptec network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by aapptec.
9. Feedback.
1. By submitting ideas, suggestions, documents and/or proposals (Feedback) to aapptec through its suggestion, feedback, wiki, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) aapptec is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) aapptec, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide, (iv) aapptec may have something similar to the Feedback already under consideration or in development, (v) the Feedback automatically become aapptec's property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from aapptec under any circumstances.
10. Right to Derive Revenue/Advertisements.
1. You agree that aapptec may derive revenue and or other remuneration from the Services including from portions of the Services that include Your Content. For example, aapptec may display aapptec and/or third party paid advertisements and other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models by aapptec on or in conjunction with the Services are subject to change without specific notice to you.
11. Links to Third Party Sites.
1. The Site, Services and Materials may include links that will take you to other sites outside of the Site (Linked Sites). The Linked Sites are provided by aapptec to you as a convenience and the inclusion of the links does not imply any endorsement by aapptec of any Linked Site. aapptec has no control of the Linked Sites and you agree that aapptec is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
12. Modifications to Site, Services and Materials.
1. aapptec may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that aapptec shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.
13. Termination.
1. The Terms will continue to apply until terminated by either you or aapptec as set forth below.
2. If you want to terminate your agreement with aapptec, you may do so by (i) notifying aapptec at any time and (ii) closing your accounts for all of the Services or Materials that you use, where aapptec has made this option available to you. Your notice should be sent, in writing, to aapptec's address set forth below.
3. aapptec may at any time terminate its agreement with you if:
1. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms;
2. aapptec is required to do so by Law (for example, where the provision of the Site, Services or Materials to you is, or becomes, unlawful);
3. The provision of the Services to you by aapptec is, in aapptec’s opinion, no longer commercially viable;
4. aapptec has elected to discontinue the Site, Services or Materials (or any part thereof); or
5. There has been an extended period of inactivity in your account.
4. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account includes: (i) removal of access to all offerings within the Services; (ii) deletion of your password and all related information, files and Materials associated with or inside your account (or any part thereof), including Your Content; and (iii) barring of further use of the Services.
5. You agree that all terminations for cause shall be made in aapptec’s sole discretion and that aapptec shall not be liable to you or any third party for any termination of your account, or access to the Site, Services and Materials, including Your Content.
6. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Site, Services and Materials. However, Sections 3, 13, 14, 16, 19, 20 and 21 will survive any termination or expiration of the Terms.
14. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY aapptec AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, aapptec MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iii) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM aapptec OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
2. aapptec SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. aapptec ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES.
3. aapptec DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. aapptec MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
4. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED aapptec SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF aapptec. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, aapptec WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. aapptec ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
5. aapptec WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. International Users.
1.This Site can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that aapptec intends to announce such Services or Materials in your country.
2. This Site is controlled, operated and administered by aapptec from its offices in the United States of America. aapptec makes no representation that the Site, Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from jurisdictions where the Site, Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local Laws.
16. Limitation of Liability.
1. IN NO EVENT SHALL aapptec, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF aapptec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE aapptec's LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF aapptec OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY
2. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
17. Notification of Copyright Infringement.
1. AAPPTec will, in appropriate circumstances, terminate the accounts of Users who infringe the Intellectual Property Rights of others. aapptec will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (DMCA).
2. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. A description of where the content that you claim is infringing is located on the aapptec Site;
4. Information sufficient to permit aapptec to contact you, such as your physical address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
3. aapptec's Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Dr. Hossain Saneii/President
AAPPTec
6309 Shepherdsville Road
Louisville, KY 40228-1027
By telephone: 502.968.2223
By fax: 502.968.3338
By email: info@aapptec.com
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to or from the Site, or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to. Such inquiries should be made through the feedback procedure referenced in Section 9 or the report abuse procedure referenced in Section 20(h).
18. Export Control Laws.
1. You acknowledge and agree that products, services or technology provided by aapptec are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer aapptec products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19. Indemnity and Liability.
1. You agree to indemnify and hold aapptec and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
20. Resolution of Disputes.
1. All matters relating to your access to, or use of, the Site, Services or Materials shall be governed by the Laws of the State of Kentucky, without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against aapptec must be resolved by a court located in Jefferson County, Kentucky, except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in Jefferson County, Kentucky, for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
2. For any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. All claims you bring against aapptec must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, aapptec may recover attorneys fees and costs up to U.S. $1,000, provided that aapptec has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
4. Notwithstanding the foregoing, in the event of your or others unauthorized access to or use of the Site, Services or Materials in violation of the Terms you agree that aapptec shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
21. General.
1. Any notice provided to aapptec pursuant to the Terms should be sent to the 6309 Shepherdsville Road, Louisville, KY 40228-1027.
2. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English.
3. AAPPTec may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on the Site or within the Services, or other reasonable means now known or hereafter developed.
4. The Terms constitute the entire agreement between aapptec and you with respect to your access to or use of the Site, Services and Materials and supersede any prior agreements between you and aapptec on such subject matter.
5. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without aapptec's written consent.
6. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
7. Any failure by aapptec to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
8. Please report any violations of the Terms via the report abuse mechanism.
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