Terms and Conditions
PLEASE READ THESE APPTERA INTERNET SITE TERMS OF USE ("TERMS") CAREFULLY.
1. TERMS. By using or visiting the Web Site at www.Apptera.com (the "Web Site"), you expressly agree to be bound by these Terms and to adhere to these Terms and all applicable laws and regulations governing the Web Site. Apptera reserves the right to change these Terms at any time, effective immediately upon posting on the Web Site. You agree to check this page of the Web Site periodically and to be bound by any amendments to or updated version of these Terms made available by Apptera thereon. If you violate these Terms, Apptera may terminate your use of the Web Site, bar you from future use of the Web Site and/or take appropriate legal action against you. IF YOU DO NOT OR CANNOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE DO NOT VISIT OR USE THIS WEB SITE.
These Terms are entered into by and between Apptera and you. Through the Web Site, Apptera provides you with access to content, features, information and resources that may be augmented or modified from time to time by Apptera in its sole discretion (collectively, "Materials"). Unless otherwise agreed upon by you and Apptera in writing, these Terms are the only Terms that govern your use of the Web Site and any Materials.
2. PERMITTED USE OF THE WEB SITE AND MATERIALS. You agree that you are only authorized to visit, view and to download and retain copies of pages of this Web Site for your own personal, non-commercial and informational purposes, and that you shall not duplicate, download, publish, or otherwise distribute the Materials on this Web Site for any other purpose. Without limiting the foregoing, you may not modify the Materials or copy or post the Materials on any networked computer or broadcast the Materials in any media. Except as expressly provided herein or unless permitted as "fair use" under U.S. copyright law, you may not display, perform, transmit or otherwise use the Materials without the prior written consent of a duly authorized representative of Apptera.
Certain areas of the Web Site may allow users to submit content, including but not limited to information pertaining to employment opportunities with Apptera, (collectively, "User Content"). In submitting any User Content through the Web Site, you agree not to transmit any unlawful or harmful content, including without limitation any virus or other computer code or files that may interrupt, destroy, disable or limit the functionality of any computer software, hardware, equipment or systems. You further agree not to interfere with, disrupt, or attempt to gain unauthorized access to any restricted part of the Web Site or servers or networks connected to the Web Site. Any User Content will be considered non-confidential and non-proprietary.
The permission to use the Web Site and Materials shall be deemed automatically revoked by Apptera without notice if you breach any of these Terms. Upon such revocation, you must immediately destroy any downloaded and printed Materials that you have in your possession. Except for the permission granted to you in this Section 2, these Terms will survive and remain enforceable against you following the revocation of such permission.
3. APPTERA OWNERSHIP OF INFORMATION. You acknowledge and agree that the Materials are owned by Apptera and are protected by U.S. and international copyright, trademark and other applicable laws. Where Apptera has posted a legal notice or credits on pages of the Web Site, you may not remove such notices or credits, or any additional information contained with any such notices and credits. Within the Materials and pages of the Web Site, Apptera has included its names, marks, brands, logos, designs, trade dress, and other designations Apptera uses in connection with its product offerings and services (collectively, "Apptera Marks"). You may not alter or remove the Apptera Marks or display or use the Apptera Marks for any purposes without the prior written consent of a duly authorized representative of Apptera. Apptera reserves all of its rights in the Materials and Apptera Marks.
4. DISCLAIMERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND MATERIALS IS AT YOUR SOLE RISK. THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPTERA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. APPTERA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. IN NO EVENT WILL APPTERA BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS.
APPTERA MAKES NO WARRANTY THAT: (i) THE MATERIALS AND/OR WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS AND/OR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE MATERIALS AND/OR WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE FUNCTIONALITY OF THE WEB SITE OR MATERIALS WILL BE CORRECTED.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH YOUR USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPTERA OR THROUGH THE WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. LIMITATION OF LIABILITY. YOU AGREE THAT APPTERA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEB SITE AND/OR MATERIALS OR SUBMISSION OF USER CONTENT TO APPTERA THROUGH THE WEB SITE.
YOUR DEALINGS WITH OTHER ENTITIES PROMOTED ON OR THROUGH THE WEB SITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND SUCH OTHER ENTITY. YOU AGREE THAT APPTERA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS. THE WEB SITE MAY PROVIDE LINKS TO OTHER INTERNET SITES OR RESOURCES. APPTERA HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH SITES AND RESOURCES. YOU AGREE THAT APPTERA IS NOT RESPONSIBLE FOR THE AVAILABILTY OF SUCH SITES AND RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER INFORMATION ON OR AVAILABLE FROM SUCH SITES AND RESOURCES. APPTERA PROVIDES THESE LINKS TO YOU SOLELY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE.
YOU, UNDERSTAND AND EXPRESSLY AGREE THAT APPTERA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY USER CONTENT AND THAT YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY USER CONTENT THAT YOU SUBMIT THROUGH THE WEB SITE. APPTERA IS NOT RESPONSIBLE IF THE USER CONTENT YOU SUBMIT CONTAINS ERRORS OR OMISSIONS OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN SECTIONS 4 AND 5 ABOVE MAY NOT APPLY TO YOU.
6. INDEMNIFICATION. YOU AGREE TO HOLD APPTERA HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE AND/OR MATERIALS, INCLUDING WITHOUT LIMITATION YOUR SUBMISSION OF USER CONTENT THROUGH THE WEB SITE.
7. PRIVACY. Apptera respects your desire for privacy and recognizes that when you choose to provide Apptera with information about yourself, you trust Apptera to act in a responsible manner. Apptera has put in place a Privacy Statement to protect your personal information. You should read our Privacy Statement before providing any personal data on the Web Site. Except as expressly provided in the Privacy Statement with respect to personal data included in any User Content, Apptera may share or otherwise use your submission for any purpose whatsoever. If any User Content submitted constitutes personal data, you agree that Apptera may transmit such personal data across international boundaries for any Apptera business purposes and as otherwise provided in the Privacy Statement.
8. APPLICABLE LAWS. The Web Site originates from and is maintained in the United States of America. Apptera makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws. You acknowledge and agree that the Materials are subject to U.S. export control laws and regulations, and may be subject to export or import regulations in other countries. You agree that you will not export, re-export or transfer the Materials in violation of any applicable laws or regulations of the United States or the country where the Materials were legally obtained. You are solely responsible for obtaining any licenses or authorizations required to export, re-export, transfer or import the Materials. In addition to the above, in the absence of authorization by U.S. and local law and regulations, as required, the Materials may not be used or exported or re-exported to any U.S. sanctioned or embargoed country, or to nationals or residents of such countries.
These Terms constitute the entire agreement between you and Apptera with respect to your use of the Web Site and Materials, superseding any prior agreements between you and Apptera with respect thereto. These Terms and the relationship between you and Apptera shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute between you and Apptera, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of San Francisco, California. The failure of Apptera to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision. You may not assign the Terms or any of your rights or obligations under the Terms without the express written consent of a duly authorized representative of Apptera. These Terms inure to the benefit of Apptera's successors, assigns and licensees. These Terms are written in the English language, and the governing language of these Terms shall be English. You hereby waive and agree not to assert any right to have these Terms written in the language of your place of residence. The exercise of any right or remedy provided in these Terms shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by these Terms.
APPTERA PRIVACY STATEMENT
Apptera, Inc. ("Apptera") is committed to respecting your privacy. You can visit Apptera on its web site without identifying yourself or revealing any personal information. Once you choose to provide Apptera with personally identifiable information, you can be assured that it will only be used to support your customer relationship with Apptera.
This statement regarding the privacy of the personally identifiable information you provide online covers five main areas: Awareness, Access, Security and Oversight.
AWARENESS
Apptera provides this Online Privacy Statement to make you aware of our privacy policy and practices and of the choices you can make about the way your information is collected and used.
What is collected?
If you browse Apptera's web site anonymously, Apptera doesn't collect personal information. Otherwise, Apptera may collect your contact and company information, including your email address. Apptera does log your IP address (the Internet address of your computer) to give Apptera an idea of which parts of our Web site you visit and how long you spend there. But Apptera does not link your IP address to anything personally identifiable.
How does Apptera use it?
Apptera uses your information to better understand your needs and provide you with better service. Specifically, Apptera uses your information to help you complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize its web site for you.
Whom does Apptera share it with?
Apptera will not sell, rent or lease your personally identifiable information to others. Unless Apptera has your permission or are required by law, Apptera will only share the personal data you provide online with business partners who are acting on our behalf for the uses described above. Such business partners, including those in the United States and/or any other countries, are governed by our privacy policies with respect to the use of this data and are bound by confidentiality agreements.
ACCESS
Links to third party web sites on the site are provided solely as a convenience to you. If you use these links, you will leave this site. Apptera has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their privacy statements. Thus, Apptera does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
SECURITY
Apptera is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy and ensure the appropriate use of information, Apptera has put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information Apptera collects online.
CHANGES
Apptera's privacy statement is subject to change at any time and without notice. Please check here for updates.