This Terms of UseAgreement ("Agreement")governs your access and use of the website operated by Apptronik, Inc., a Delaware corporation (‘Apptronik,"“our,” “us,” or "we") and located at www.apptronik.com and all subdomains (the "Website"). By accessing, browsing, and using this Website, you agree that you have read, understood, and accept this Agreement. Please read it and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website. ThisAgreement does not govern your use of any products or services offered by Apptronik from or in connection with theWebsite, or otherwise, which are subject to their own terms. You must accept any terms and conditions relating to Apptronik products and/or services as a condition to receiving such products and/or services. Such terms will be presented to you in connection with any such procurement.
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
You may only use thisWebsite for its intended purpose and solely in accordance with this Agreement.In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet Websites andt hird-party resources. Apptronik is not responsible for either the availability of these outside resources or their content. Apptronik may, but is not obligated to, monitor your use of the Website.
The content of thisWebsite is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of Apptronik's legal legends are retained. You may not "mirror" any content contained within this Website without the express prior written consent of Apptronik. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Apptronik or the appropriate copyright owner. Apptronik does not grant you any licenses, express or implied, to the intellectual property of Apptronik or its licensors except as expressly stated in this Agreement.
Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by Apptronik for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Apptronik's Privacy Policy, which can be found at https://apptronik.com/privacy-policy/. You agree to the terms of suchPrivacy Policy by providing your personal information to Apptronik.
The content of thisWebsite is provided with "RESTRICTED RIGHTS." Use, duplication, ordisclosure by the United States Government is subject to restrictions as setforth in applicable laws and regulations.
The content of thisWebsite is provided with "RESTRICTED RIGHTS." Use, duplication, ordisclosure by the United States Government is subject to restrictions as setforth in applicable laws and regulations.
THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL APPTRONIK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE WEBSITE, EVEN IF APPTRONIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPTRONIK'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO APPTRONIK FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by Apptronik at any time by updating and posting a new version on theWebsite or by otherwise notifying you of the revised Agreement. By using theWebsite, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.
The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at anytime any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
