1. Acceptance of Terms.
This website located at www.appexnetworks.com (the "Site") is provided by AppEx Networks Corporation. ("AppEx") subject to your acceptance of the following Terms of Service ("TOS") which may be updated by AppEx from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this TOS. You can review the most current version of this TOS at any time at this page (www.appexnetworks.com/company/terms.html). You accept the terms and conditions of this TOS by using this Site in any other manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
3. Use of Site.
a. You are entirely responsible for all computer information, or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to AppEx or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. AppEx reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.
b. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be AppEx or someone else, or spoof AppEx or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. AppEx reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
c. You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method.
d. You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without the prior expressed written permission of AppEx.
4. No Endorsement of Content.
The Site may contain hyperlinks to third party web sites outside of the Site. AppEx makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites.
5. System Outages.
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
6. DISCLAIMER OF WARRANTIES.
APPEX PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. APPEX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. APPEX MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES APPEX MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPEX SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
7. LIMITATIONS OF LIABILITY.
IN NO EVENT WHATSOEVER SHALL APPEX, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. APPEX NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. APPEX'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. Intellectual Property.
a. Except as expressly authorized by AppEx, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or the content of other users on the Site, in whole or in part, by any means. You may not modify, decompile, or reverse engineer any software related to the operation of the Site, or otherwise provided to you by AppEx. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.
b. "AppEx Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations AppEx uses in connection with its products and services. You may not copy, use, remove, or alter any AppEx Trademarks, or co-brand your own products or material with AppEx Trademarks, without AppEx's prior written consent. You acknowledge AppEx's rights in the AppEx Trademarks and agree that any use of the AppEx Trademarks by you shall inure to AppEx's sole benefit. You agree not to incorporate any AppEx Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
c. Certain Site content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Nothing in this TOS shall confer any right of ownership of any of such third party content and/or trademarks.
d. Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any AppEx or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any AppEx Trademarks, third party trademarks, or other content on this Site.
You agree to indemnify and hold AppEx and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Site, your violation of any terms or conditions of this TOS, your violation of applicable laws, or your violation of the rights of any other person or entity.
10. Choice of Law and Venue.
This TOS shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this TOS shall be in Santa Clara County, California and you agree to submit to the jurisdiction of the courts in Santa Clara County, California for such litigation.