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Terms of Use and Privacy Statement

 
iAssembled Products, Inc. ("API" or "We"), a privately held company, is the owner and operator of www.api-assembled.com, and is pleased to welcome you to our web site(the "Web Site"). We are very proud of the products and services we offer and hope your visit, whether for personal or business reasons, will be enjoyable and productive.

The API Web Site features or may feature text, graphics, files, audio, video, applications, and other data/information (the "Content"), as well as products for sale or demonstration purposes ("Products"), and services (the "Services"). Your use of the API Web Site, including the Content, Products, or Services, is subject to and conditioned upon your agreement to these terms and conditions and any future modifications (the "Terms of Use"). Your agreement to the Web Site Terms of Use is demonstrated by accessing or using the Web Site, including, without limitation, browsing, downloading/printing Content, or any other interaction with the Web Site. If you do not agree to any of the Web Site Terms of Use, you are not authorized to use the Web Site, Content, Products, or Services.

To the extent there are other terms and conditions, operating rules, or policies that specifically apply to the use of certain Content, Products, or Services on the Web Site (e.g., the API Terms of Service), those terms and conditions shall govern and take precedence with respect to that activity. From time to time, we will change the Web Site Terms of Use. We will use reasonable means (for example a "Modified" logo in the footer of the home page) to provide notice of changes, and we will provide a "last modified" date on this page so you can track changes. You agree these forms of notice are reasonable and sufficient, and your continued use of the Web Site after such notice has been posted constitutes your acceptance of any changes. Therefore, we recommend you check this page periodically for updates.

Irrespective of our right to modify the Terms of Use, we reserve the right to modify or discontinue the operation of the Web Site, temporarily or permanently, with or without notice. You agree that API shall not be liable to you for any modification to or discontinuance of the Web Site, products, or services.

PRIVACY STATEMENT

We understand privacy is a concern. Please direct any questions you might have about our privacy practices to glen@api-assembled.com

USE OF CONTENT

You acknowledge and agree that as between you and API and its licensors, the Content, including its selection, arrangement, and associated "look and feel" of the Web Site is owned by API and/or its licensors and protected by their rights under copyright, trademark, patent, and/or other applicable laws, and any misuse of the Content will violate such laws and these Terms of Use. Except as expressly authorized by API, you agree not to copy, frame, download, modify, sell, assign, distribute, license/sublicense, reverse engineer, or create derivative works of the Content. You may, however, view the Content, and print and/or download a copy of Content that interests you solely for your personal, non-commercial use; provided that the Content is not altered or modified, and copyright or other proprietary notices remain on all copies of the Content. API and its licensors reserve all rights in and to the Content not expressly granted.

USE OF PRODUCTS/SERVICES

Use of any Products (e.g., software) or Services made available through the Web Site is governed by the terms of the license/purchase agreement that accompanies it.

USE OF TRADEMARKS

The trademarks, logos, and service marks displayed on the Web Site are the property of API and various third parties. You may not use marks found on the Web Site without the prior written consent of API or such third parties.

PROHIBITED USE

In connection with your use of the Web Site you agree not to (a) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files; (b) access or attempt to access any Content, Products, or Services you are not authorized to access; (c) disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, or any systems, accounts, passwords, servers, or networks connected to or accessible through the Web Site; (d) use any data mining, robots, or similar data gathering and extraction methods; or (e) post, transmit, or access through the Web Site materials that would violate any law or the rights of others, including, without limitation, any threatening, harassing, defamatory, or obscene materials, materials that violate laws against copyright infringement, rights of privacy and publicity, or junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise. Further, you agree to abide by all local, state, national and international laws and regulations applicable to your use of the Web Site, Content, Products, or Services.

ACCURACY OF CONTENT

API uses reasonable efforts to provide accurate and up-to-date information on the Web Site, however, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any typographical or other errors or omissions. In the event a Product/Service is displayed with incorrect information, such as pricing, API shall have the right to refuse or cancel orders placed for the product/service listed incorrectly, and your sole remedy will be a refund of the purchase price, if already paid.

WARRANTIES AND DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND API THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION, API, ITS AFFILIATES, AND ITS SUPPLIERS PROVIDE THE WEB SITE, CONTENT, PRODUCTS, AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND API THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION (INCLUDING AGREEMENTS CONSUMMATED ELECTRONICALLY, SUCH AS A "CLICK-WRAP" AGREEMENT), IN NO EVENT SHALL API, ITS AFFILIATES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEB SITE, THE CONTENT, PRODUCTS, OR THE SERVICES. EACH PARTY ACKNOWLEDGES THIS IS AN APPROPRIATE ALLOCATION OF RISK FOR USE OF THE WEB SITE AND ITS PRODUCTS/SERVICES, AND API WOULD NOT ALLOW USE OF THE WEB SITE WITHOUT THESE LIMITATIONS ON LIABILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Potential copyright infringement must be reported to API's Copyright Agent in the manner specified.

LINKS TO THIRD PARTY WEB SITES

The Web Site contains links to third party web sites. These third party web sites are not controlled by API. The links to these web sites are provided for convenience. API is not responsible and assumes no liability for the contents of any of these web sites, and unless expressly stated does not endorse these web sites or their contents, products, or services.

INDEMNITY

You agree to indemnify and hold API, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your violation of the Web Site Terms of Use, any applicable law, or the rights of any third party.

GOVERNING LAW/JURISDICTION AND ARBITRATION

The Web Site Terms of Use and all aspects of your use of the Web Site shall be governed, construed and interpreted in accordance with the laws of the State of Alabama, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or difference arising out of, in relation to, or in connection with, the foregoing, which cannot be settled by mutual agreement, shall be finally settled by arbitration, which shall take place in the United States. Either party may request injunctive or other equitable relief in connection with such dispute, controversy or difference, to protect its rights and/or property at any court, within the aforementioned geographic area, having jurisdiction, without first resorting to arbitration.

GENERAL TERMS

The Web Site Terms of Use set forth the entire understanding between you and API with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein. Any failure by API to enforce or exercise any provision of the Web Site Terms of Use or related right shall not constitute a waiver of that right or provision. The Web Site Terms of Use shall be construed without regard to any presumption or rule requiring construction against the drafter. The captions and section headings are for convenience only and do not form a part of the agreement and shall not be used in construing it. The Web Site is operated by API from its offices within the United States, more specifically Alabama, and all information provided by you and gathered by API is processed in the United States. API makes no representation that the Web Site, Content, Products, or Services are appropriate or available for use at other locations outside the United States, and access to the Web Site from territories where the Web Site, Content, Products, or Services are illegal is prohibited. If you access the Web Site from a location outside the United States, you are responsible for compliance with all local laws.

NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.

Modified: Feb. 2, 2005


 
 

Copyright 1986-2012

   
 

Assembled Products, Inc. 331 Tracey Lane Rogersville, Al. 35652
Voice: 256-247-7338 Fax:256-247-7340 sales@api-assembled.com