Terms & Conditions of Use

Aloft Magazine (Aloft Publishing, Inc.) Statement of Responsibility

ALOFT MAGAZINE DOES NOT PROMOTE ILLEGAL SUBSTANCE CONSUMPTION. ALOFT MAGAZINE CELEBRATES THE LIFESTYLE ENJOYED BY PEOPLE WHO BENEFIT FROM CANNABIS PRODUCTS, AGRICULTURAL OR PROCESSED CONSUMER GOODS, IN A MANNER THAT PROMOTES SELF-RESPONSIBILITY BY INFORMING, EDUCATING AND ENTERTAINING ADULTS AGED 21 YEARS OR OLDER.

Effective: July 1, 2019

The following terms and conditions (the “Terms of Use”) govern your use of the aloftmagazine.com website and mobile-optimized versions of the website to which these Terms of Use are linked and which are owned or operated by Aloft Publishing, Inc. and its subsidiaries (“API,” “we” and “us”) (collectively, the “Website”). The term “Website” includes all subdomains of Website and any content, code, data, services, features or functionality made available from or through the Website. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Website. Changes in the Terms of Use will be effective when posted and your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Website.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.

Ownership

As between you and API, excluding your Submitted Materials (as defined below), API or its licensors own, solely and exclusively, all rights, title and interest in and to the Website, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website. For more information about this, see the API Data Policy which can be found here, and which is incorporated into these Terms of Use.

Feedback

If you provide API any feedback or suggestions regarding the Website (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Website, you hereby assign to API all rights in the Feedback and agree that API shall have the right to use such Feedback and related information in any manner it deems appropriate.   API will treat any Feedback you provide to API as non-confidential and non-proprietary. You agree that you will not submit to API any feedback that you consider to be confidential or proprietary.

Limited License

You may access and view the content on the Website on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Website, make single copies or prints of such content for your personal, internal use only. Use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.

Prohibited Use

Any commercial or promotional distribution, publishing or exploitation of the Website is strictly prohibited unless you have received the express prior written permission from authorized personnel of API or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. For web posting, reprint, transcript or licensing requests for API material, please send your request to the following: licensing@API.com

Marks

The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Website or on content available through the Website, are registered and unregistered trademarks or service marks of API and third parties. All Marks not owned by API that appear on the Website or on or through the Website’ services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of API or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Website or on or through any of the Website’ services is strictly prohibited.

Registration Information

In the course of your use of the Website, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). API’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Website’ Privacy Policy which is incorporated herein by reference for all purposes (the “Privacy Policy”). You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Website using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify API of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. API cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Eligibility

You must meet any age, geographic or other eligibility requirements specified on the Website to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Website. By registering at the Website, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Website and vendor policies.

Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, or send to us via e-mail or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, (ii) that such Submitted Materials comply with these Terms of Use, including without limitation Sections 9 (Prohibited User Conduct) and 10 (Public Forums), and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. Without limiting the foregoing, you agree that if you choose to submit comments (e.g. a “letter to our editors” or an online review or comment) to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these comments along with, at our sole discretion, your name, screen name and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will API be liable for any inaccuracy or defect in any Submitted Materials.

Prohibited User Conduct

You warrant and agree that, while using the Website you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from API or otherwise through the Website), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website in any manner that may interrupt, damage, disable, overburden, or impair the Website or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website in violation of API’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

Public Forums

API may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website any Submitted Materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from API. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.

Right to Monitor; Editorial Control

API reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials and API is not responsible for any such Submitted Materials. However, API reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials, in whole or in part, that API considers to be, in API’s sole discretion, objectionable or in violation of these Terms of Use, API’s policies or applicable law. If API elects to modify Submitted Materials, API nonetheless assumes no responsibility for the Submitted Materials. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

Private or Sensitive Information on Public Forums

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

Other Users

Each Website user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials. Your interactions with other Website users are solely between you and such user. You agree that API will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and API has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge API (and our directors, officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Linking to the Website

You agree that if you include a link from any other website to the Website, such link shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, are “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

Orders for Products and Services

We may, directly or through our third-party vendors (“Vendors’), make certain products available to visitors and registrants of the Website. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to API or its Vendors. You agree to pay all applicable taxes. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Third Party Website

You may be able to link from the Website to third party website and third-party website may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Website does not imply API’s endorsement, sponsorship, or recommendation of that site. API disclaims any liability for links (1) from another website to the Website and (2) to another website from the Website. API cannot guarantee the standards of any website to which links are provided on the Website nor shall API be held responsible for the contents of such sites, or any subsequent links. API does not represent or warrant that the contents of any third-party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, API is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Advertisements and Promotions

API may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than API, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. API is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

Embedded Video Links

Certain pages of the Website provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video directly or through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); (iii) without limiting the foregoing, you will not link directly to the Embedded Video file; and (iv) the Embedded Video may be used in part for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Website. Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to indemnify, defend and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

Content Feeds

RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) (collectively, the “Content Feeds”) are means by which API offers feeds of story headlines in XML or JSON format (“API Content”) to visitors to the Website who use the applicable Feed aggregators. You must use the Content Feeds as provided by API, and you may not edit or modify the text, content or links supplied by API. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Website. You may not display the API Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Website web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Website web page. You must provide attribution to the appropriate Website in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Website logo that we have incorporated into the Content Feed. API reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. API assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your website or any other properties.

Indemnification

You agree to indemnify, defend and hold API and its directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from (a) your use of the Website, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Website, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. API reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with API’s defense of such claim. You agree not to settle any matter without the prior written consent of the General Counsel of API.

Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to API’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Agent

Law Offices of Mitchell Reed Sussman
1053 S. Palm Canyon Drive
Palm Springs, CA 92264
Attn: API Copyright Agent
fax: (760) 325-7258
e-mail: legal@aloftmagazine.com

Note that the above-referenced contact information is for copyright notices only. No other inquiries will receive a response from the API Copyright Agent.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. API ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL API BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE, OR CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFF. YOU USE THE WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. API NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED API EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, API AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH API OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY API “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND API OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL API, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (a) TWENTY-FIVE US DOLLARS ($25), OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO API FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.

Applicable Laws

We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

Termination

API may terminate, change, suspend or discontinue any aspect of the Website or the Website’ services at any time. API may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, API may, in its sole discretion and without liability, terminate the Website use privileges of users who are repeat infringers of intellectual property rights.

Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and API arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Website. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND API ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND API AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be conducted by JAMS in accordance with its then-current Streamlined Arbitration Rules and Procedures (“JAMS Rules”) and will be held in the County of Riverside, California. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by JAMS to choose an arbitrator. The current rules may be found on the Internet at: http://www.jamsadr.com/rules-streamlined-arbitration/. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§116. The arbitrator shall apply California law, as described in Section 24 (Applicable Laws), consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law, Notwithstanding anything herein or in the JAMS Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or API. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the County of Riverside, California. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in the County of Riverside, California.

Miscellaneous

These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

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