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Please read these Terms & Conditions (“Terms & Conditions”) carefully before using this (“Website”). These Terms & Conditions established by Apira Science, Inc. (“Apira”) govern your use of this Website. Such use is subject to your compliance with all the terms, conditions and notices contained in these Terms & Conditions, as well as any other written agreement between us. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE EXIT THIS WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND ANY SUCH PRODUCTS, SERVICES, CONTENT OR INFORMATION. YOU FURTHER AGREE THAT BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE. PERSONS UNDER 13 YEARS OF AGE ARE PROHIBITED FROM USING THIS WEBSITE UNLESS SUPERVISED BY A PARENT OR GUARDIAN. Apira reserves the right in its sole discretion to change, modify, add or remove portions of these Terms & Conditions at any time without prior notice. Apira shall post revisions to these Terms & Conditions on this Website, and such revisions shall be effective immediately on such posting. You acknowledge and agree that it is your responsibility to review this Website and these Terms & Conditions periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgment of the modified terms and your agreement to be bound by them.
Apira may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as "Forums"). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by Apira or its affiliated companies without restriction. You further agree that, simultaneously with your posting of each Submission, you automatically grant, or warrant that the owner has expressly granted, to Apira and its affiliated companies, and their successors and assigns, a worldwide, royalty-free, compensation-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), transmit and publish such Submission (in whole or in part) as Apira, in its sole discretion, deems appropriate including, without limitation, in connection with any advertising in any media, including without limitation product packaging, printed publications, presentations, promotional and marketing materials, television and cinema commercials, videos or websites. Apira may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Submissions. You also grant other Website users permission to access your Submissions and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms & Conditions. Apira has all right, title and interest in all results and proceeds from its use of the Submissions, and Apira has the right to transfer the aforementioned rights to use the Submissions to any third party without restriction. You represent and warrant that you have all rights necessary to grant the above rights with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through this Website complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. You represent and warrant that any Submissions or other information you provide in connection with your use of this Website are true, accurate and complete. This Section 4 will survive termination of these Terms & Conditions for any reason. You shall not submit any Submissions protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your Submissions. Apira reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. Apira is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of Apira, and Apira does not endorse any such opinions, statements or materials. Apira is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which Apira in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Apira or another party, illegal or otherwise objectionable to Apira. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization. You acknowledge and agree that Apira has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF APIRA’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, APIRA MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THE THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS. APIRA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, APIRA RESERVES THE RIGHT TO PERIODICALLY CHANGE, ADD, DELETE, IMPROVE OR UPDATE THE INFORMATION ON THE THIS WEBSITE, INCLUDING THESE TERMS & CONDITIONS, WITHOUT NOTICE AND WITHOUT LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS, AND YOU AGREE THAT EACH VISIT YOU MAKE TO THE THIS WEBSITE SHALL BE SUBJECT TO THE CURRENT TERMS & CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. APIRA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY APIRA WEBSITE USERS ABOUT APIRA OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN APIRA'S LITERATURE OR ON THIS WEBSITE. APIRA EXPRESSLY PROHIBITS APIRA WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND APIRA IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.
YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS WEBSITE. APIRA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, ALTERATION OR DESTRUCTION OF WEBSITE CONTENT DUE TO UNAUTHORIZED ACCESS, OR ANY COMMUNICATION LINE FAILURE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL APIRA BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL, OR OTHER DAMAGES YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE THIS WEBSITE OR THE INFORMATION CONTAINED ON THE THIS WEBSITE, EVEN IF APIRA IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. APIRA IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. APIRA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL APIRA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS & CONDITIONS, THIS WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS WEBSITE.
Except as otherwise expressly stated by Apira on this Website, Apira is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. Apira expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. Apira cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from this Website because these third party sites are owned and operated by independent entities. Apira does not endorse any of the products or services, nor has Apira taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. Apira makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. Apira shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.
You agree to indemnify, defend, and hold harmless Apira and its affiliated companies from all third party claims, actions, demands, losses, liability, damages and/or costs (collectively, the “Claims”) arising from or related to (a) your access to or use of this Website, (b) your violation of any of these Terms & Conditions, (c) any allegation that any Submission or other materials that you make available through this Website infringe or otherwise violate the intellectual property, privacy or other rights of any third party, and/or (d) your violation of any rights of any site visitor, user, or customer, or any other third party; and you agree to reimburse Apira and its affiliated companies on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims. Apira reserves the right, at Apira’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Apira in asserting any available defenses.
This Website is controlled and operated by Apira from its offices in California. Although this Website may be accessible worldwide, Apira makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law. Apira, in its sole discretion, may restrict the availability of this Website to any person, country or jurisdiction at any time without prior notice.
ECPA Notice: Apira treats email messages and other communications through this Website as private. Exceptions are those permitted by law included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits Apira’s limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate Apira’s system or to protect Apira’s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where Apira receives information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a "secure communications medium" under the ECPA. USA Patriot Act Notice: The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. Apira anticipates fully complying with all its obligations, and availing itself of all its rights, under the USA Patriot Act.
Apira respects the intellectual property of others, and Apira asks you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Website infringe your copyright, you (or your agent) may send Apira a notice requesting that Apira remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Apira a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Notwithstanding any of these Terms & Conditions, Apira reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use this Website and to block or prevent future access to and use of this Website. You agree that Apira shall not be liable for any termination of your use of or access to this Website.
By accessing this Website, both you and Apira agree that any claims arising out of or relating to the use of this Website shall be governed and resolved by the laws of the State of Florida without regard to its conflict of laws principles. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to your purchase of Apira products) or these Terms & Conditions shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Palm Beach County, Florida. By using this Website, you agree that any notice, agreement, disclosure or other communication that Apira sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your access, viewing or use of this Website constitute your express permission and consent to the jurisdiction in such courts for the purposes of such actions. In any action to enforce these Terms & Conditions, the prevailing party will be entitled to costs and attorneys’ fees. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms & Conditions constitute the entire agreement and understanding between you and Apira concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms & Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend these Terms & Conditions, or to enter an order for products or services that are subject to additional or altered terms and conditions, shall be null and void, unless otherwise agreed to in a written agreement signed by you and Apira. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms & Conditions, these Terms & Conditions shall take precedence. Apira may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you. Apira shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond Apira’s reasonable control, whether or not foreseeable by Apira, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond Apira’s reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.