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Permitted Use of the Site; Content
This Site is provided on an “as is” basis by APG for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights in or related to the Site are the sole property of APG. The Site is intended for use by persons 18 years of age or older. You are permitted to access the Site and the content provided by APG (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of utilizing the Site, receiving information about APG’s business and products, communicating with APG, or otherwise as stated on the Site.
APG hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from APG. All copyrights, trademarks, patents, trade secrets and other proprietary rights displayed on or contained within the Site are the sole property of APG and/or its licensors, each of whom reserves all rights with regard to such materials.
You hereby grant APG a worldwide, perpetual, non-exclusive, transferable, fully paid-up license to use, copy, perform, or revise any content provided by you to APG via the Site (which is referred to in these Terms as “User Content”). In connection with such User Content, you warrant and represent to APG that you have all rights, title and interests necessary to provide such User Content to APG, and that your provision of the User Content to APG shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
APG makes no warranties, express or implied, with regard to the Site, its operation, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose. APG makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. APG reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while APG utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL APG BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF APG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL APG’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO APG IN CONNECTION WITH THE SITE.
APG may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by APG of such sites or an affiliation between APG and the owners of such sites, nor shall APG be liable for the contents of such sites. APG will also not be liable for any errors in such links, or for any malfunction of such links.
To the extent that APG shall offer any sweepstakes or other prize promotions (“Promotions”) via the Site, such Promotions shall be subject to the rules published with the Promotions, which will be in addition to these Terms. Similarly, to the extent that APG may provide you with an opportunity to obtain software or other proprietary content owned by APG or a third party, such content may be subject to its own license agreement, in addition to these Terms. [NOTE: OPTIONAL]
By using this Site, you agree to indemnify and hold harmless APG, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to APG.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in New York City, New York.
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to APG in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.