1. AGREEMENT TO THE TERMS

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”), and Appserton (“Company”, “we”, “us” or “our”), regarding your access to and use of the website appserton.com as well as all other media forms, media channels, mobile websites or mobile applications that are related to, linked with, or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood and agreed to be bound by these Terms of Use. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE USE IMMEDIATELY.

Supplementary terms or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to modify or amend these Terms of Use from time to time. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you review the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and are deemed to have been made aware of and to have accepted, any changes in any revised Terms of Use by your continued use of the Site after the date on which such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within that jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for complying with local laws, if and to the extent that local laws are applicable.

The Site is not designed to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you use the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphic images on the Site (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned by or controlled by us or licensed to us, and are protected by copyright and trademark laws, various other intellectual property rights, and the unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever without our express prior written consent.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have duly obtained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you with respect to the Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have obtained parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purposes; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and to refuse any and all current or future use of the Site (or any part thereof).

4. PROHIBITED ACTIVITIES

You may not use the Site for any purposes other than those for which we make the Site available. The Site may not be used in connection with commercial enterprises, except those specifically supported or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Deceive, defraud, or mislead us and other users, particularly in any attempt to obtain sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, defame, or otherwise harm us and/or the Site, in our opinion.
• Use any information obtained from the Site to harass, abuse, or harm another person.
• Improperly use our support services or submit false reports of abuse or misconduct.
• Use the Site in any manner inconsistent with any applicable laws or regulations.
• Frame or link to the Site in an unauthorized manner.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functionality, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
• Remove the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person, or use the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including without limitation, clear graphics interchange formats ("gif's"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or impose an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion thereof.
• Copy or adapt the software of the Site, including but not limited to Flash, PHP, HTML, JavaScript, or any other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse-engineer any of the software that comprises or in any way makes up part of the Site.
• Except as may be the result of standard use of search engines or internet browsers, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or online reader that accesses the Site, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating enterprise or commercial venture.
• Use the Site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

5. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. Accordingly, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you hereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe upon the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to allow us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual in your Contributions to use the name or likeness of each such identifiable individual to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not contain unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mimic, denigrate, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and do not promote violence against a specific person or group of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive remarks related to race, national origin, gender, sexual orientation, or physical disability.
• Your Contributions do not otherwise violate any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result, among other things, in the termination or suspension of your rights to use the Site.

6. LICENSE FOR CONTRIBUTIONS

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license shall apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You hereby waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify us from all liability and to refrain from any legal action against us regarding your Contributions.

We reserve the right, at our sole and absolute discretion, (1) to edit, redact, or otherwise modify any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7. GUIDELINES FOR REVIEWS

We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You must have firsthand experience with the person/entity being reviewed.
Your reviews should not contain offensive vulgar language, nor abusive, racist, offensive, or hateful language.
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not draw conclusions about the legality of conduct.
You may not post any false or misleading statements.
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if someone finds reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or those of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review.

By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

8. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) that you provide to us are non-confidential and shall become our exclusive property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to such Submissions, and you warrant that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

9. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement thereof. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be made through other websites and from other companies, and we assume no responsibility whatsoever in connection with such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Furthermore, you shall hold us harmless from any losses sustained by you or any harm caused to you in connection with or resulting from any Third-Party Content or any contact with Third-Party Websites.

10. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall be fully responsible for any advertisements you place on the Site and for any services provided on the Site or products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such users to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, without notice or liability, remove from the Site or otherwise disable all files and content that are excessively large or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We take data privacy and security very seriously. Please review our Privacy Policy: https://appserton.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from the applicable laws in the United States, then by your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

13. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please contact us immediately using the contact details provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material referenced in the Notification. Please note that under applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not sure that material located on or linked to by the Site infringes your copyright, you should first consider contacting an attorney.

14. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive relief.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Site or to provide any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Appserton and you irrevocably consent that the courts of the Netherlands shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Terms.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the costs of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least [X] days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, by reference thereto, is deemed to be part of this clause. The governing law of the contract shall be the substantive law of the Netherlands.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be consolidated with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts specified above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

19. DISCLAIMER

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE SHALL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CEASED TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR 61,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site;
(3) breach of these Terms of Use;
(4) any breach of your representations and warranties contained in these Terms of Use;
(5) your violation of the rights of any third party, including but not limited to intellectual property rights;
(6) any overt harmful act toward any other user of the Site with whom you are connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification as soon as we become aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in connection with the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part thereof shall be deemed separable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties to execute these Terms of Use.

26. CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Appserton
contact@appserton.com