Aptera, Inc. Website Terms of Use

Overview

This Website (the “Site”) is designed to provide general information about Aptera Software, Inc.’s professional services.  This Site and its contents are intended to comply with the laws and regulations of the United States. While you can access this Site from outside the United States, our server is located within the United States, and the Site is intended to be used by residents located in the United States. All visitors agree to follow United States laws and regulations.

Acceptance of Terms

Aptera Software, Inc. provides this information to you, subject to the following terms, conditions and notices contained or referenced herein (the “Terms of Use”), which govern use of this Site. By using this Site, you signify your agreement to these Terms of Use. If you do not agree to all of these Terms of Use, please do not use this Site. Aptera Software, Inc. may, without notice and at any time, revise these Terms of Use and any other information contained in this website by updating this posting. Aptera Software, Inc. may also make improvements or changes in the products described in this site at any time without notice.

Availability of Information

Aptera Software, Inc. provides no guarantees regarding the availability of this Site or any text, pictures, logos, downloads or any other information contained herein. This Site is not intended as a product or service included with the purchase of any other product or service sold by Aptera Software, Inc., their distributors or subsidiaries. It is not factored into the purchase price of any other product or service, and as such will not be considered as a factor for compensation in the event of loss of availability.

Privacy Policy

Information you provide through this Site is subject to Aptera Software Inc.’s Privacy Statement. Aptera Software Inc. does NOT want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Aptera Software Inc. will be deemed NOT to be confidential. By sending Aptera Software Inc. any information or material, you grant Aptera Software Inc. an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information.

Tracking Systems

We may use tracking systems, log files, and cookies to obtain and collect information about you. We use cookies to personalize our Web site. Cookies also enable us to recognize you when you return to our Web site, and provide additional functionality to you. By using this Site you agree to this tracking and agree to let third parties (contracted by us) to place cookies on your computer hard drive. If you have any questions regarding our use of your information, please see Aptera Software Inc.’s online Privacy Statement.

Government Regulations

This Site contains information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Further, the documents and related graphics published on this Site could include technical inaccuracies or typographical errors. Changes are periodically made to information on the Web Site. Aptera Software Inc. may make improvements and/or changes in the products described herein at any time. Nothing contained on this Site should be construed as a promotion or solicitation for any product, or for the use of any product, other than those produced and made available directly by Aptera Software Inc.; furthermore, Aptera Software Inc. does not promote or condone the use of products advertised on this Site for any purpose other than its intended purpose, as permitted by federal, state and local laws and regulations. Specific questions about the availability and use of products described on this Site should be directed to Aptera Software Inc. staff via the appropriate email address, or the contact form on the website.

Links to Third-Party Sites

This Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Aptera Software Inc., and Aptera Software Inc. is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Aptera Software Inc. is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Aptera Software Inc. in favor of any Linked Site, or the services or products on such Linked Site. Without the written permission of Aptera Software Inc., you may not frame any of the content of this Site, or incorporate into another web site or other service the intellectual property of Aptera Software Inc..

Prohibited Use

As a condition of your use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site, its host, or any user of this Site, or interfere with any other party’s use of this Site. You also agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this Site, and the selection, coordination, and arrangement of such content, are owned by Aptera Software Inc. or its third-party licensors, to the fullest extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of this Site for any purposes. Nothing stated or implied on this Site confers on you any license or right under any copyright of Aptera Software Inc. or any third party. Aptera Software Inc.’s Site and the information contained in reference herein are for informational purposes only. Any reproduction, retransmission or copying of any materials or design elements of this Site is strictly prohibited, without the prior written consent of Aptera Software Inc.. Requests for permission to reproduce any information contained on this Site should be addressed to Aptera Software Inc. by filling out the site’s contact form. Notwithstanding the above, Aptera Software Inc. authorizes you to make one (1) electronic or paper copy of the information posted on any page on this Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission of Aptera Software Inc. is prohibited.

Intellectual Property Rights

Except as expressly authorized by Aptera Software Inc. or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Aptera Software Inc. discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Aptera Software Inc. will endeavor to remove, in a timely manner, any information which infringes the copyright of any person under the laws of the United States upon receipt of email notice. Please note that United States law provides severe penalties for submitting such a statement falsely.

Trademark Rights

All rights in the product, company and trade names, as well as logos, product packaging and designs of all Aptera Software Inc. products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Aptera Software Inc., and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Aptera Software Inc..

Warranty Disclaimer

Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Aptera Software Inc. Expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Aptera Software Inc. Makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

Limitation of Liability

In no event will Aptera Software Inc. Be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Aptera Software Inc. Is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Indemnification

Upon request by Aptera Software Inc., you agree to defend, indemnify and hold harmless Aptera Software Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Site, your use of the Site, your violation of the Terms of Use or your violation of any rights of another.

Disputes

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Aptera Software Inc. in a state or federal court located in Allen County, Indiana. The laws of the State of Indiana will govern this Statement, as well as any claim that might arise between you and Aptera Software Inc., without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Allen County, Indiana for the purpose of litigating all such claims.

If anyone brings a claim against Aptera Software Inc. related to you in reference to your use of our website, downloadable content or products, you will indemnify and hold Aptera Software Inc. harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Export

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Each user agrees to abide by these laws and their regulations, including (but not limited to) the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from this Site to either a foreign national or a foreign destination in violation of such laws.

Severability

Unless otherwise specified herein, this Terms of Use statement constitutes the entire agreement between you and Aptera Software Inc. and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Aptera Software Inc.. If any portion of this Terms of Use statement 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 intention of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

The failure of Aptera Software Inc. to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this statement or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Aptera Software Inc. as a result of this Terms of Use statement or your use of this Site. Nothing contained in this Terms of Use statement is in derogation of Aptera Software Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Aptera Software Inc. with respect to such use. A printed version of this Terms of Use statement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use statement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Statement makes up the entire agreement between website users and Aptera Software Inc., and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

Termination

Aptera Software Inc. reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Aptera Software Inc. also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. Aptera Software Inc. shall not be liable to you or any third party for any modification, suspension or discontinuance of this Site.