
APERIO
CI, INC.
TERMS
OF USE
Aperio CI may amend or revise these terms and
conditions at any time. By using this
site, you agree to be bound by these terms and conditions as in effect from
time to time. Please review these terms
and conditions regularly. Your continued
access and use of this website following the posting of any such changes shall
automatically be deemed your acceptance of those changes.
Except as otherwise indicated, this site and its
entire contents (collectively, the “Information”), including, but not limited,
to, the text, information, material, software and graphics contained on this
site, are owned by Aperio CI. The
Information is protected by copyright, trademark and other intellectual
property laws and treaties. Viewing,
reading, printing, downloading or otherwise using the Information does not
entitle you to any ownership or intellectual property rights to the
Information. Aperio CI makes no
proprietary claim to any third-party names, trademarks or service marks
appearing on this site. Any third-party
names, trademarks, and service marks are the properties of their respective
owners.
You shall be responsible for any claims or
damages incurred by Aperio CI resulting from your infringement of Aperio CI’s
intellectual property rights including but not limited to service marks,
trademarks, and other intellectual property rights included in the Information,
which are the direct or indirect result of or arise out of your copying,
distributing, redistributing, transmitting, publishing or using the same for
purposes that are contrary to the terms and conditions set forth herein.
Except as otherwise set forth herein, the
Information set forth on Aperio CI’s website may not be copied, reproduced,
modified, published, uploaded, downloaded, posted, transmitted, or distributed
in any way without Aperio CI’s prior written permission. You may download the Information solely for
your evaluation of a possible transaction with Aperio CI, which materials must
be destroyed upon a determination by you that you do not wish to enter into a
transaction with Aperio CI. You may not
(i) modify the Information or use it for any purpose, or any other public
display, performance, sale, or rental (ii) decompile, reverse engineer, or
disassemble software materials, (iii) remove any copyright notice or other
proprietary notices from the Information, or (iv) transfer
the Information to another person.
Any information you e-mail or provide to Aperio
CI, you expressly grant all rights to such information to Aperio CI, which
Aperio CI may use in any way, copy, republish or sell such information as part
of Aperio CI’s property.
No Unlawful or Prohibited Use
By using Aperio CI’s site, you warrant to Aperio
CI that you will not use Aperio CI’s Site, or any of the content obtained from
Aperio CI’s site, for any purpose that is unlawful or prohibited by the terms
set forth herein. If you violate any of
these terms, your permission to use our site is terminated and upon our
learning of your violation of these terms, your user id and password will be
invalidated in addition to all other legal rights we have under the law and
pursuant to these terms and conditions.
Any action by you that, in Aperio CI’s sole
discretion (i) violates these terms and conditions (ii) restricts, inhibits or
prevents any access, use or enjoyment of Aperio CI’s website, or (iii) through
the use of Aperio CI’s website, defames, abuses, harasses, offends or
threatens, shall not be permitted, and will result in your loss of use of our
website. You shall not metatag, provide
links to, or frame Aperio CI’s website or any page of Aperio CI’s website
without Aperio CI’s prior written consent.
BY USING THIS SITE, YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET
GENERALLY. THE INFORMATION IS PROVIDED
“AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS,
VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL APERIO CI BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION ANY SPECIAL INDIRECT, OR CONSEQUENTIAL DAMAGES,
AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PORFITS, OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION,
EVEN IF APERIO CI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall defend, indemnify, and hold harmless
Aperio CI and its officers, directors, partners, employees, independent
contractors, agents, representatives and affiliates from and against all claims
and expenses, including, but not limited to, attorney’s fees, arising out of,
or attributable to: (i) any breach or violation of these terms and conditions
by you; (ii) your failure to provide accurate, complete and current information
as requested by Aperio CI (iii) your access and use of Aperio CI’s website (iv)
access or use of Aperio CI’s website under any password that may be issued to
you.
Governing Law and JurisdictionThese terms and conditions are governed by the internal laws of the State of New York, without regard to principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these terms and conditions shall be commenced in the State of New York, Suffolk County and you agree to submit to such jurisdiction. General Provisions If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this Agreement shall be entitled to recover attorneys' fees and costs.All covenants, agreements, representations and warranties made in these terms and conditions, as may be amended by Aperio CI from time to time, shall survive your acceptance of these terms and conditions and termination of these terms and conditions or your use of our website.