Welcome
to Aperio CI, Inc.’s (Aperio CI) Website. By using this
website you agree to abide by these Terms of Use of Aperio
CI’s Website.
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.
Ownership of Information
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.
Compliance with 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.
Disclaimer and Limitation of Liability
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 APARTICULAR 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 INDIREC, OR CONSEQUENTIAL DAMAGES,
AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PORFITS,
OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF IR INABILITY
TO USE THE INFORMATION, EVEN IF APERIO CI HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
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 Jurisdiction
These 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.
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