iAssembled
Products, Inc. ("API" or "We"), a privately held company, is
the owner and operator of www.api-assembled.com, and is
pleased to welcome you to our web site(the "Web Site"). We
are very proud of the products and services we offer and
hope your visit, whether for personal or business reasons,
will be enjoyable and productive.
The API Web Site features or may feature text, graphics,
files, audio, video, applications, and other
data/information (the "Content"), as well as products for
sale or demonstration purposes ("Products"), and services
(the "Services"). Your use of the API Web Site, including
the Content, Products, or Services, is subject to and
conditioned upon your agreement to these terms and
conditions and any future modifications (the "Terms of
Use"). Your agreement to the Web Site Terms of Use is
demonstrated by accessing or using the Web Site, including,
without limitation, browsing, downloading/printing Content,
or any other interaction with the Web Site. If you do not
agree to any of the Web Site Terms of Use, you are not
authorized to use the Web Site, Content, Products, or
Services.
To the extent there are other terms and conditions,
operating rules, or policies that specifically apply to the
use of certain Content, Products, or Services on the Web
Site (e.g., the API Terms of Service), those terms and
conditions shall govern and take precedence with respect to
that activity. From time to time, we will change the Web
Site Terms of Use. We will use reasonable means (for example
a "Modified" logo in the footer of the home page) to provide
notice of changes, and we will provide a "last modified"
date on this page so you can track changes. You agree these
forms of notice are reasonable and sufficient, and your
continued use of the Web Site after such notice has been
posted constitutes your acceptance of any changes.
Therefore, we recommend you check this page periodically for
updates.
Irrespective of our right to modify the Terms of Use, we
reserve the right to modify or discontinue the operation of
the Web Site, temporarily or permanently, with or without
notice. You agree that API shall not be liable to you for
any modification to or discontinuance of the Web Site,
products, or services.
We understand privacy is a concern. Please direct any
questions you might have about our privacy practices to
glen@api-assembled.com
You acknowledge and agree that as between you and API and
its licensors, the Content, including its selection,
arrangement, and associated "look and feel" of the Web Site
is owned by API and/or its licensors and protected by their
rights under copyright, trademark, patent, and/or other
applicable laws, and any misuse of the Content will violate
such laws and these Terms of Use. Except as expressly
authorized by API, you agree not to copy, frame, download,
modify, sell, assign, distribute, license/sublicense,
reverse engineer, or create derivative works of the Content.
You may, however, view the Content, and print and/or
download a copy of Content that interests you solely for
your personal, non-commercial use; provided that the Content
is not altered or modified, and copyright or other
proprietary notices remain on all copies of the Content. API
and its licensors reserve all rights in and to the Content
not expressly granted.
Use of any Products (e.g., software) or Services made
available through the Web Site is governed by the terms of
the license/purchase agreement that accompanies it.
The trademarks, logos, and service marks displayed on the
Web Site are the property of API and various third parties.
You may not use marks found on the Web Site without the
prior written consent of API or such third parties.
In connection with your use of the Web Site you agree not
to (a) upload, post, or otherwise transmit any viruses or
other harmful, disruptive, or destructive files; (b) access
or attempt to access any Content, Products, or Services you
are not authorized to access; (c) disrupt or interfere with
the security of, or otherwise cause harm to, the Web Site,
or any systems, accounts, passwords, servers, or networks
connected to or accessible through the Web Site; (d) use any
data mining, robots, or similar data gathering and
extraction methods; or (e) post, transmit, or access through
the Web Site materials that would violate any law or the
rights of others, including, without limitation, any
threatening, harassing, defamatory, or obscene materials,
materials that violate laws against copyright infringement,
rights of privacy and publicity, or junk mail, spam, chain
letters, or other unsolicited bulk e-mail, commercial or
otherwise. Further, you agree to abide by all local, state,
national and international laws and regulations applicable
to your use of the Web Site, Content, Products, or Services.
API uses reasonable efforts to provide accurate and
up-to-date information on the Web Site, however, we make no
warranties or representations as to its accuracy and assume
no liability or responsibility for any typographical or
other errors or omissions. In the event a Product/Service is
displayed with incorrect information, such as pricing, API
shall have the right to refuse or cancel orders placed for
the product/service listed incorrectly, and your sole remedy
will be a refund of the purchase price, if already paid.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN
AGREEMENT BETWEEN YOU AND API THAT IS INTENDED TO GOVERN THE
MATTER IN QUESTION, API, ITS AFFILIATES, AND ITS SUPPLIERS
PROVIDE THE WEB SITE, CONTENT, PRODUCTS, AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED,
OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE
DURATION, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN
AGREEMENT BETWEEN YOU AND API THAT IS INTENDED TO GOVERN THE
MATTER IN QUESTION (INCLUDING AGREEMENTS CONSUMMATED
ELECTRONICALLY, SUCH AS A "CLICK-WRAP" AGREEMENT), IN NO
EVENT SHALL API, ITS AFFILIATES, PARTNERS, OR SUPPLIERS BE
LIABLE TO YOU FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR THE INABILITY TO USE THIS WEB SITE, THE CONTENT,
PRODUCTS, OR THE SERVICES. EACH PARTY ACKNOWLEDGES THIS IS
AN APPROPRIATE ALLOCATION OF RISK FOR USE OF THE WEB SITE
AND ITS PRODUCTS/SERVICES, AND API WOULD NOT ALLOW USE OF
THE WEB SITE WITHOUT THESE LIMITATIONS ON LIABILITY. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE
MAY NOT APPLY TO YOU.
Potential copyright infringement must be reported to
API's
Copyright Agent in the manner specified.
The Web Site contains links to third party web sites.
These third party web sites are not controlled by API. The
links to these web sites are provided for convenience. API
is not responsible and assumes no liability for the contents
of any of these web sites, and unless expressly stated does
not endorse these web sites or their contents, products, or
services.
You agree to indemnify and hold API, and its
subsidiaries, affiliates, officers, agents, partners, and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising from your violation of the Web Site Terms of Use,
any applicable law, or the rights of any third party.
The Web Site Terms of Use and all aspects of your use of
the Web Site shall be governed, construed and interpreted in
accordance with the laws of the State of Alabama, without
giving effect to principles of conflicts of law or to the
Convention on Contracts for the International Sale of Goods.
Any dispute, controversy or difference arising out of, in
relation to, or in connection with, the foregoing, which
cannot be settled by mutual agreement, shall be finally
settled by arbitration, which shall take place in the United
States. Either party may request injunctive or other
equitable relief in connection with such dispute,
controversy or difference, to protect its rights and/or
property at any court, within the aforementioned geographic
area, having jurisdiction, without first resorting to
arbitration.
The Web Site Terms of Use set forth the entire
understanding between you and API with respect to the
subject matter hereof and supersede all prior oral or
written understandings, communications or agreements not
specifically incorporated herein. Any failure by API to
enforce or exercise any provision of the Web Site Terms of
Use or related right shall not constitute a waiver of that
right or provision. The Web Site Terms of Use shall be
construed without regard to any presumption or rule
requiring construction against the drafter. The captions and
section headings are for convenience only and do not form a
part of the agreement and shall not be used in construing
it. The Web Site is operated by API from its offices within
the United States, more specifically Alabama, and all
information provided by you and gathered by API is processed
in the United States. API makes no representation that the
Web Site, Content, Products, or Services are appropriate or
available for use at other locations outside the United
States, and access to the Web Site from territories where
the Web Site, Content, Products, or Services are illegal is
prohibited. If you access the Web Site from a location
outside the United States, you are responsible for
compliance with all local laws.
NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL
EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE
STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE
LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE
APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR
UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN
UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION
DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR
OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR
UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL
BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE
IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH
JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT
SHALL CONTINUE IN FULL FORCE AND EFFECT.
Modified: Feb. 2, 2005