TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. INTRODUCTION. The Web site www.apstrata.com, (hereinafter referred to as "Site") is the product of, and provided by ElementN, Inc., d/b/a Apstrata, a Delaware corporation, having its principal place of business at 200 Varick St., New York, NY 10014 ("Apstrata", "we," "us").Your use of the Site constitutes your agreement to follow and be bound by this agreement (the "Agreement"). We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
2. SERVICES. We make available various Cloud-based web services for you to purchase on the Site (the "Services"). Your use of the Services is governed by the Apstrata End User License Agreement. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the use of the Services. By purchasing our Services, you represent that such Services will be used only in a lawful manner.
3. ACCURACY OF INFORMATION. We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Site. We reserve the right, without prior notice, to refuse service to any customer.
4. INTELLECTUAL PROPERTY RIGHTS. The Services, the design of the Site and all text, graphics, information, content, and other material displayed on the Site is the property of Apstrata, its affiliates or licensors, are protected by copyright, trademark and other laws and may not be used except as permitted in this Agreement or with prior written permission of the owner of such material. Apstrata gives you permission to download, copy or print the content and other downloadable materials displayed on the Site for your own personal, non-commercial use only. All copyright notices and other identifying information should not be removed from downloaded materials. You may not modify the information or materials displayed on the Site in any way or, except as noted above, reproduce, publicly display, perform, transmit or distribute, exploit or otherwise use any such information or materials in any way for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, and other laws and regulations.
5. TRADEMARKS. Unless otherwise noted, the trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Apstrata and its affiliates or business partners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Apstrata or such other owner.
6. LINKING TO THE SITE. Creating or maintaining any link from another Web site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations.
8. INAPPROPRIATE MATERIAL. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or
give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
10. DISCLAIMERS. ACCESS TO THE SITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APSTRATA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, APSTRATA DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES APSTRATA MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SITE, SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SITE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD, IF APPLICABLE. APSTRATA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SITE.
11. LIMITATIONS OF LIABILITY. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL APSTRATA OR ANY APSTRATA LICENSOR BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF SITE OR ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL APSTRATA OR ITS LICENSORS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER UNDER A THEORY
OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE APSTRATA AND HOLD APSTRATA AND ITS LICENSORS PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
12. CHOICE OF LAW; JURISDICTION. This Agreement shall be governed by the laws of the State of New York without regard to its rules on conflict or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the State of New York for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and Apstrata relating to your use of the Site. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. CHANGES TO THE SITE. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
14. INDEMNITY. You agree to indemnify and hold Apstrata and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of this Agreement, or your violation of any rights of another party. This indemnity survives termination of this Agreement.
15. DOMESTIC USE; EXPORT RESTRICTION. We maintain the Site from our offices in the United States of America. We make no representation that the Site or its content (including, without limitation, the Services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.
16. GENERAL. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision by us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
17. ADDITIONAL ASSISTANCE. If you do not understand any of the foregoing Agreement or if you have any questions or comments, we invite you to contact us at Apstrata, 200 Varick St., New York, NY 10013.