Aptivada Terms of Use



July 2019

Welcome to the Aptivada website. Your use of our website is governed by these terms and conditions (“Terms”). Please read these Terms carefully as they are a legal agreement between you and Aptivada, LLC (“Aptivada” “Us” “We” “Our”). By using our website, you accept and agree to comply with these Terms. If you do not agree, do not use Our website.


User Accounts:

To use certain features of Our website, you may need to create a user account. All information that you provide to create a user account must be accurate, current and complete. Any information that we provide to you as part of the registration process (or that you choose for yourself) such as a username, password, or password prompt should be kept confidential and secure. You acknowledge that your account is personal to you and you will not provide any otherperson with access to your account for purposes of accessing certain features of this website. We have the right to disable any account, username or password at any time in our sole discretion for any or no reason.


Intellectual Property Rights:

This website is owned by Aptivada. All elements of the website, including its content, features and functionality, including but not limited to all information, software, text, displays, graphics, images, video and audio, the design, selection and display thereof, (collectively, the “Content”) are owned by Us, our licensors or other providers of such material and are protected by United States copyright, trademark or other intellectual property or proprietary rights laws. You may not use Our Content unless specifically allowed by these Termsor where specific permission is otherwise granted.

The Aptivada name, logo and all related names, product and service names, designs, and slogans are trademarks of Aptivada. You must not use these marks without first obtaining Our prior written permission.

You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our website, without our express permission or the permission of the owner of the Content. Our website, its Content and all related rights remain the exclusive property of Aptivada or the respective owner of that Content unless otherwise expressly agreed. Any use of the website or Content that is not expressly permittedby these Terms is a breach of these Terms and may violate copyright, trademark or other laws.


Your Use of the Website:

You may only use Our website for lawful purposes and consistent with these Terms. You agree that as a condition of your use of Our website, you shall not: (i) Use the website for any purpose that violates applicant laws or regulations; (ii) Use any Content in a manner not allowed by these Terms; (iii) Engage in conduct that could disable, overburden, damage or impair the website or interfere with anyone else’s use of the website; (iv) Attempt to gain unauthorized access to the Content or the website; (v) Attack the website; or (vi) Otherwise interfere with the proper working of the website.

You shall indemnify Aptivada and its subsidiaries, affiliates, shareholders, directors, officers, agents and third-party content providers and licensors against any loss, expense, cost or damage incurred as a result of your breach of these Terms or your unauthorized use of Our website or the Content.


Privacy:

Our collection and use of any information about you that we collect when you use the website or that you provide to Us are governed by our Privacy Policy. The provisions of Our Privacy Policy are incorporated by reference into these Terms.


Linking to the Website and Social Media Features.

You may link to certain information on our website, including promotions that you have activated through your user account, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not link to our website in a way that suggests any form of association, approval or endorsement on our part, unless you are an active customer of Ours and your contract allows such connection.

This website may provide certain social media features that enable you to: (i) link to certain third-party websites (such as social media websites), (ii) link to certain content on this website, (iii) send emails or other communications with certain content on this website, and (iv) cause limited portions of content on this website tobe displayed or appear to be displayed on certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with these terms and conditions. You agree to cooperate with us in resolving and ending any unauthorized linking. We reserve the right to withdraw linking permission or disable all and any social media features without notice at our discretion.


Disclaimers:

Your use of the website is at your own risk. The website, its content and any services obtained through the website are provided on an “as-is” basis, without any warranties of any kind, either express or implied. We do not make any warranty or representation as to the completeness, security, reliability, quality, accuracy or availability of the website.

To the fullest extent provided by law, Activada will not be liable for any loss or damage caused by an attack, virus, or other technologically harmful material that may infect your computer or other connected equipment due to your use of the website, any services obtained through the website or your downloading of any material available on the website or on any website linked to it.


Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of the State of [Utah] without giving effect to any choice or conflict of law provision or rule.


Waiver and Severability:

No waiver by Aptivada of any term or condition of theseTerms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Aptivada to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

If any provision is determined to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision in these Terms continue in full force and effect.

We reserve the right to change these Terms without notice and will post the most recent date these Terms were revised at the top of this page. Your use of Our website after these Terms are changed constitute your agreement to the revised Terms.


Contact Us

If you have any questions about these Terms, you may contact us at privacy@aptivada.com.