You represent that you have the requisite authority to enter into a binding legal contract for the Services, and make payment for such Services if required for subscription, individually or on behalf of any entity, partnership, association or other organization as a partner, officer, director employee or agent with actual authority to so act on behalf of the entity, partnership, association or other organization for whom you have provided registration information.
You agree not to contest the validity or enforceability of this agreement. You agree that this agreement, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. You agree not to contest the admissibility of copies of such agreement under either the business records exception to the hearsay rule or the best evidence rule on the basis that the agreement was not originated or maintained in documentary form.
Access to our website and Services requires a user account. To create a user account you will need to accept the agreement as described in section 1.2 and provide your first name, your last name, a valid email address, and a password of your choice. You further agree not to resell or sublicense our website or Services to any third party. Your continued access to Aporation is conditioned upon your compliance with this agreement.
Once a user is registered with Aporation, the user account may be affiliated with a sponsoring organization (“Sponsoring Organization”). Sponsoring Organizations manage the development of and access to parts of our website and Services through user groups (“groups”). Sponsoring Organizations can manage many groups and all the development of and access to any of their groups’ Information (described below). Sponsoring Organizations also manage the affiliations and permissions users have with the Sponsoring Organization’s groups, including access to and development of the groups, the groups’ Information (described below), and the groups’ user affiliations. A user can gain or request access or membership to a Sponsoring Organization’s group through the Sponsoring Organization’s group page. Your continued access to a group is conditioned upon your compliance with this agreement, any additional terms and conditions established by a Sponsoring Organization, and such Sponsoring Organization’s continued subscription to our website and Services. If a Sponsoring Organization with whom you are affiliated terminates or fails to renew its subscription to our website and Services, your access to the Sponsoring Organization’s groups may be suspended or terminated.
Our website Services are for use solely by humans over the age of 18 (“Minimum Age”). However, if any law requires that you must be older in order for Aporation to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups); and (4) follow the law and terms of this agreement. You are responsible for anything that happens through your account. You are responsible for reporting any misuse immediately through [Contact Us].
We may change, suspend or end, all or any part of the website or Services, in our sole discretion, with or without notice. We may suspend access or privileges to any user, Sponsoring Organization, affiliated users, group or subgroup.
We reserve the right to limit your use of our website or Services, including the number of your connections, your ability to contact other users, access to Information and, to suspend or terminate your account if we believe that you have or intend to breach this agreement or violate any law.
Our Services promote sharing of information in many ways, such as messaging, blog posts, discussions, comments, questions, other writings, documents, photographs, artwork, models, other files, folders, links to content, other communications, through your profile and other means (all such information, materials and content referred to in this agreement as “Information”). Information that you share or post may be seen by other users unless you take specific action to keep such information private. Where settings are available on our website or Services, we will honor the choices you make regarding access to your Information. We cannot guaranty that any Information you post to the website or through our Services will remain private or confidential. We are not obligated to publish or remove any Information you may post on or through our website or Services. We reserve the right to remove any Information from our website or Services in our sole discretion, with or without notice. You promise to provide only accurate, complete and truthful Information that belongs to you and is lawfully in your possession. Most types of Information can be shared and saved in Public Workspaces or Private Workspaces. By saving or sharing Information into Public Workspaces, rather than Private Workspaces, you agree to allow other users and Aporation to view, collect, and/or download that Information.
By posting or otherwise sharing Information in Public Workspaces on our website or through our Services, you grant Aporation, any affiliated Sponsoring Organization and other users a limited non-exclusive, non-transferable, worldwide, paid-up license to use such Information for purposes of using our website and Services. The additional terms applicable to Affiliated Users of any Sponsoring Organization may be significantly different. It is your responsibility to review such other terms.
We respect Information that is saved or shared in Private Workspaces (Private Information). We will not access or give access to any information that is marked private without express written permission from you. We reserve the right to track individual and aggregate Private Information metrics, including, but not limited to the size of the Information, the number of files marked private, information surrounding access to the Private Information. These metrics are collected to ensure proper use of Aporation and to improve the website and Services. By posting or otherwise sharing Information in Private Workspaces on our website or through our Services, you grant Aporation and your Sponsoring Organization a limited non-exclusive, non-transferable, worldwide, paid-up license to use such Information for purposes of using our website and Services. The additional terms applicable to Affiliated Users of any Sponsoring Organization may be significantly different. It is your responsibility to review such other terms.
By using our website or Services, you may encounter Information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not review Information provided by users on our website or Services. You agree that we are not responsible for any Information posted on our website or Services for any reason, or for any damages resulting from your use or reliance on such Information. You also agree to indemnify us against any damages related to your posting and/or sharing of (and/or our removal of) illegal, offensive or otherwise harmful information, materials or content on our website or through our Services.
Upon your acceptance of this agreement, and for the sole purpose of using our website and Services, Aporation grants you a limited, non-exclusive, non-transferable worldwide, paid-up license to use our website and Services on the terms and conditions provided in this agreement. If you access, download or use our Services or software, such as a stand-alone software product, a software application, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You agree not to copy, modify, create derivative works of, decompile, disassemble, reverse engineer, or otherwise attempt to extract source code from our website, Services, any software or its documentation, or the communications protocols for accessing our website, Services, or software made accessible to you by Aporation, unless you are expressly permitted to do so under an open source software license, or we give you prior express written permission to do so. You agree not to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or attempt to transfer any rights to our website, Services, software or documentation thereof, or remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in our website, Services, or software.
You may terminate this agreement by closing your account and refraining from visiting this website and/or using our Services. In the event that your account is terminated we reserve the right to keep your information on record and disable your account. We may terminate this agreement and your access to our website and Services at any time without notice.
If for any reason we are required to give you notice under this agreement or otherwise, you agree that we may provide such notice to you at the address(es) (including via email addresses) that you provided to us at the time of registration. You may update your user information at any time on your profile page.
All text, graphics, logos, button icons, images and the selection and arrangement of the content of our website or Services, as well as the computer programs used to generate our web pages, and Services are the exclusive property of Aporation, its licensors and or affiliates, and is protected by U.S. and international copyright, trademark, patent and other laws, and may not be used or copied without the express written permission of Aporation. Aporation reserves any and all rights, in all media and technologies existing now or later developed, not expressly granted in this agreement. The deletion or alteration of any copyright or other proprietary notices from this website is strictly forbidden.
The trademarks, service marks, designs and logos (collectively, "Trademarks") displayed on our website and Services are the registered and unregistered trademarks of Aporation, its licensors and affiliates. The Trademarks include, but are not limited to the word Aporation. Your use of the Trademarks displayed on this website except as provided in this agreement, is strictly prohibited. Nothing in this agreement shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Aporation.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Aporation has designated Sean Smirnov, Tel: (917) 302-4445, firstname.lastname@example.org, Copyright Agent of Aporation, to receive notifications of claimed infringement. If you believe that your work has been copied and is accessible on our website, in a way that constitutes copyright infringement, you may notify Aporation by providing its Copyright Agent with the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (3) Identification of the URL or other specific location on our website where the allegedly infringing material is located; (4) Your address, telephone number and email address; (5) 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; (6) 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 authorized agent to act on behalf of the copyright owner.
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL APORATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE (OR ANY LINKED, HOSTED OR CO-LOCATED WEBSITES) OR WITH THE DELAY OR INABILITY TO USE OUR WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APORATION'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. APORATION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH OUR WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE. THE INFORMATION PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUT-OF-DATE INFORMATION. NEITHER APORATION, ITS LICENSORS OR AFFILIATES, OR THIRD PARTY PROVIDERS GUARANTEE THE ACCURACY, QUALITY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION OR WARRANT ANY RESULTS FROM USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT NEITHER APORATION, ITS LICENSORS AND OR AFFILIATES, NOR THIRD PARTY PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ACTION OR INACTION WITH RESPECT TO INFORMATION, CONTENT, OR CHANGES IN OUR WEBSITE. APORATION, ITS LICENSORS AND OR AFFILIATES, THIRD PARTY PROVIDERS, AND ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION THROUGH OUR WEBSITE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES EVEN IF YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOSS OF PROFITS AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE CONTENT OR INFORMATION. AS A CONDITION TO ACCESSING AND USING THIS WEBSITE AND/OR SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST APORATION, ITS LICENSORS AND OR AFFILIATES, ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING ANY SERVICES ON THE WEBSITE OR THROUGH APORATION. BY ACCESSING OR RECEIVING INFORMATION AND OR CONTENT, YOU AGREE THAT THE LIABILITY OF APORATION, ITS LICENSORS AND OR AFFILIATES, ANY THIRD PARTY PROVIDERS, AND ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION THROUGH OUR WEBSITE, ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR ACCESS TO OUR WEBSITE OR SERVICES RELATED TO YOUR CLAIM. APORATION, ITS LICENSORS AND OR AFFILIATES, ANY THIRD PARTY PROVIDERS, AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION THROUGH OUR WEBSITE WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH THAT ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR OTHER INTERCONNECT PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; OR UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, NATURAL DISASTERS OR LABOR DISPUTES. APORATION IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF OUR WEBSITE OR SERVICES.
You agree to defend, indemnify and hold harmless Aporation, its licensors and or affiliates, third party providers, and each of their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney fees that arise from your use of our website or Services. Aporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter. You agree that no joint venture, partnership, employment or agency relationship exists between you and Aporation as a result of this agreement or your use of our website or Services.
Aporation may provide links to other websites, including links to third party websites from which it may earn income by users clicking through such links, as part of our Services. Aporation does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that Aporation provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to the business(es) of such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Aporation cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD APORATION LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OTHER WEBSITES. In addition, you may not link this website or any of its web pages, Services, information, content, third party information, or web pages of any third party provider, or licensors or affiliates of Aporation, to your website or any website of any other party. Third party websites or links may collect information about you in a manner that is different from this Private Policy. Aporation does not control other websites or their privacy practices. You should investigate the privacy policies of such third party website before providing any personal information.
By accessing the website or Services, you are consenting to the receipt of electronic mail (“e-mail”) from Aporation. Aporation may send you e-mail about services, products it believes may be of interest to you, your account, including regulatory communications and or legal notices, as well as invitations to participate in surveys and research opportunities. You may opt-out of future email communication regarding products and services by unchecking the box below or by following instructions contained in any e-mail that you receive from us, however, Aporation reserves the right to e-mail you, and you consent to receive via e-mail, important information relating to regulatory communications and or legal notices.
Our website and Services are currently being tested with certain Sponsoring Organizations and users for purposes of gaining feedback, improvement of our product and Services that we will soon make available to others.
You understand and acknowledge our Services are being provided as a test version in development, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Aporation with feedback on the quality and usability of our Services. Our Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from connected peripherals, including, without limitation, servers and computers. Aporation strongly encourages you to back-up all data and information on your device and any peripherals prior to using our Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Aporation is not obligated to provide any maintenance, technical or other support for our Services.
Aporation reserves the right to modify, suspend or stop our Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Aporation may provide notice of any such changes to our Services by posting them on its websites and/or via our Services. You agree that Aporation shall not be liable to you or any third party for any modification or cessation of our Services. You understand and acknowledge that Aporation has no express or implied obligation to provide, or continue to provide, our Services, or any part thereof, now or in the future; and in addition, Aporation may at any time, upon prior notice as required by applicable law, institute charges or fees for our Services.
You agree to provide reasonable feedback to Aporation, about your experiences using our Services. All of your feedback shall be the property of Aporation and may be used by Aporation for any purpose it sees fit. Any user’s public content and Information obtained from pre-beta testing may be used by Aporation for marketing and/or business development purposes.
Aporation may impose certain limitations on the use of our Services, including, but not limited to, allocating certain levels of storage capacity to your user and/or group accounts, restricting the number of Affiliated User accounts a group may register, imposing expiration dates on published documents and removing expired documents from our Services. You agree to use our Services only for purposes as permitted by the agreement and any applicable law or regulation. Aporation reserves the right to modify or impose any limitations on the use of our Services at any time, with or without notice to you.You acknowledge and agree that during our pre-beta testing of the website and Services:
This agreement represents the entire binding agreement between us, and our respective successors and assigns, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Aporation, the Website or the information thereon. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. You acknowledge that, in providing you with access to the Website and Services, Aporation has relied upon your consent to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying the website and Services. You further acknowledge that you have read, understand and agree to be bound by the terms of this Agreement or any other agreement with Aporation that applies to your use of the website and our Services, as currently in effect and as amended from time to time. This Agreement, and all future agreements you shall enter into with Aporation, unless otherwise indicated, shall be governed by the laws of the state of Massachusetts, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Aporation in Massachusetts or elsewhere. You submit to the personal and exclusive jurisdiction of the State and local courts located within and the Federal courts having jurisdiction over claims arising in Tompkins County, Massachusetts. This website is controlled, operated and administered from the United States of America. Aporation makes no representation that the information on the website or Services are appropriate, available or legal for use outside the United States. You may not use the website or our Services or export the same from or through this website in violation of U.S. export laws and regulations. If you access this website from a location outside the United States, you are solely responsible for compliance with local laws. Any provision of this agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provision of this Agreement or affecting the validity or enforceability of such remaining provisions. Aporation shall not be liable for any failure to perform its obligations in connection with any Services or access to the Website, where such failure results from any act of God or other cause beyond its’ reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any documents, accessing Information, Services or the website. Headings or titles of the provisions hereof are for convenience only and shall have no effect on the provisions of this agreement.
Last Updated: August 29, 2018