The following Terms of Use (the “Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through www.aptino.com (the “Website”), which are operated by or otherwise made available by Aptino, Inc. (“Company” or “we” or “us” or “our”). For these Terms, wherever the context so requires “Client” or “You” or “Your” shall mean any natural or legal person who has either registered on the website as a registered user or who visits the website as a guest.
Please read the Terms carefully before using our Service. This is an agreement between you and Company. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to these Terms. Our Privacy Policy (the “Privacy Policy”), explains our collection, use, transmission, and disclosure of your personal information provided by or collected from you. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission, and disclosure of your personal information or data as described in the Privacy Policy (and as amended from time to time). You should review the Privacy Policy before using the Service.
If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.
1. SERVICES
You acknowledge that electronic services are subject to interruption and breakdown and all non-electronic services are subject to disruption, and therefore:
2. CONTENT AND MATERIALS SUPPLIED BY YOU
You must supply to us all the required materials you want us to use in the Service and all other content and materials Company reasonably requests on time.
You must supply all content in the following digital format/s:
You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not: breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or compromise the security or operation of our computer systems, through a virus or otherwise.
3. LINKS TO THIRD-PARTY WEBSITES
Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites, even if they may contain the Company’s logo, as such sites are beyond the Company’s control. Thus, the Company cannot be held responsible for the content of any linked site or any link contained therein. Therefore, you should protect yourself against viruses, worms, Trojan horses, and other potentially destructive programs that may be present on third-party websites. And you are responsible for checking and complying with terms of use applicable to these third-party websites.
You acknowledge that framing the Company’s website or any similar process is prohibited.
4. INTELLECTUAL PROPERTY
This website is protected by intellectual property rights including but not limited to trademarks, copyright, designs, sui generis right of the database producer, etc. and is the exclusive property of the Company.
Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons, or html code is protected under intellectual property law and remains the Company or third party’s property.
You may copy, download, and print this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use of the content of the Company’s website without the Company’s prior written authorization is prohibited. Therefore, you must not modify any material from the Company’s website in any way.
Non-compliance with the above-mentioned prohibitions may constitute an act of counterfeiting and/or unfair competition engaging your civil and/or criminal liability.
All trademarks not owned by the Company that appear on the Company’s website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You should require specific authorization to use for any purpose any of the trademarks owned by the Company or any third party.
If you become aware of any violation of the Company’s intellectual property rights, or you believe that your intellectual property rights have been infringed by any material from the Company’s website, please send an email to support@aptino.com .
Please be sure to include as many details as possible (for example: a description of the allegedly infringed intellectual property rights, a description of where the material that you claim is infringing is located, etc.) and note that we will not open attachments under any circumstances.
5. WARRANTY AND LIABILITY
All materials, including downloadable software, contained in the Company’s website is provided «as is» and without warranty of any kind to the extent allowed by the applicable law. The Company does not guarantee in any way uninterrupted access to the Company’s website. While the Company will use reasonable efforts to provide reliable information through its website, the Company does not warrant that this website is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that its content is appropriate for your particular use or up to date, and the Company reserves the right to change the information at any time without notice. The Company does not warrant any results derived from the use of any material, including downloadable software, available on this site.
You are solely responsible for any use of the materials contained in this site.
The information contained in this site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the Company. The Company will not be liable for any indirect, consequential or incidental damages, including but not limited to lost profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site.
In any event, the liability of the Company for direct damages arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site shall not exceed the amount of U.S. Dollars 100.
6. GOVERNING LAW AND DISPUTE RESOLUTION
The validity, interpretation, construction, and performance of these Terms will be governed by and construed in accordance with the laws of the State of Texas.
Any suit involving any dispute or matter arising under these Terms may only be brought in the Courts of Texas. Both parties hereby consent to the exercise of personal jurisdiction by such Court with respect to any such proceeding.
7. GENERAL
These Terms do not create a relationship of employment, agency, or partnership between the parties.
If part or all of any of the provisions of these Terms is illegal or unenforceable, it will be severed from these Terms, and will not affect the continued operation of the remaining provisions.
