Agreement between Aetho and You
Information on this Site
Aetho provides the content of the Website for general information only, and you rely on it at your own risk. Aetho makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of information provided on the Website. You should not use or rely on the information on the Website as the sole basis for making decisions. Instead, you should consult primary sources of information that are more accurate, complete, reliable, and timely. Any written contractual agreement between you and Aetho in connection with provision of any products or services supersedes any contrary information in the Website. You agree that you have responsibility to monitor changes to the Website. Aetho reserves the right to modify the Website at any time without notice, but does not undertake any responsibility to update or correct the Website.
Use of Site Content
The Website and all of its content are the exclusive property of Aetho and its licensors and service providers. This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof. The Website and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States, and Aetho reserves all its rights thereunder. All trademarks, service marks, and logos on the Website are the property of their respective owners. Nothing on the Website shall be construed as granting any license or right to use any trademark, service mark, or logo without the owner’s prior written permission, except as otherwise expressly stated herein. Aetho makes no warranty or representation that your use of the Website will not infringe rights of third parties.
Aetho allows site users to access, download, print, and copy the material contained on the Website for their personal use in learning about, evaluating, or acquiring products and services of Aetho, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material. Aetho expressly prohibits any other use of content of the Website, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any content of the Website or the Aetho products or services described herein. Any use of content of the Website for purposes competitive to Aetho is expressly prohibited. Aetho also expressly prohibits any use of any hardware, device, software, or routine to damage or interfere with the Website or its operation or to gain unauthorized access to any hardware, software, system, or data.
Aetho prohibits anyone from framing the Website or its content or using the Website content or proprietary marks as meta tags, except with our prior written consent. This prohibition covers all framing and “hidden text” techniques and technology.
Materials You Submit
Your use of the Website constitutes acknowledgement that you are responsible for any material you submit via the Website in any manner. Your responsibility includes without limitation assuring the legality and truthfulness of any intellectual property and other rights to the information you submit. You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering to download content from the Website. You are prohibited from submitting, uploading, publishing, or otherwise distributing through the Website any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary; or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.
As a convenience to you, the Website may contain links to other websites operated by Aetho or third parties. Different terms and conditions may apply to your use of linked sites. Aetho is not responsible for the content, security, operation, or use of any linked websites operated by others or the products or services that may be offered or obtained through those sites. Inclusion of links to other sites should not be viewed as recommendation, approval, or endorsement of those sites or their content by Aetho. Aetho is not responsible for any loss, damages, or other liabilities incurred as a result of your use of linked sites.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AETHO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NON-INFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. AETHO MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS ON THE WEBSITE WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM AETHO OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FROM DOWNLOADING ANY MATERIALS FROM THE WEBSITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES. IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE; (III) USE OF THE WEBSITE IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AETHO NOR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION ON THE WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THE WEBSITE, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AETHO, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THE WEBSITE. THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AETHO, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THE WEBSITE.
Jurisdiction and Applicable Law
We recognize that the Website may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of California. Users should be aware that data related to the Website is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the Website, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Website or any of its content, the Website is not intended for you, and we ask you not to use it.
Entire Agreement, Admissibility, and Severability
Termination or Restriction of Access
Aetho reserves the right to remove or bar any person from the Website and prevent anyone from downloading materials from the Website, without notice and in Aetho’s sole discretion. Aetho also reserves all other rights it may have, including without limitation the right to seek any other relief to which Aetho may be entitled by law or in equity.
Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked to without authorization in a way that constitutes copyright infringement, please provide notice at the email address below, to the attention of the Aetho General Counsel. Your notice should include the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Aetho website that is requested to be removed; (iii) your name, address, daytime telephone number, and email address so that we may contact you if necessary; (iv) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notice is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright and submit the statement.