Terms of Service > Notices

Apvio, Inc. - Terms of Service

The spirit of the Terms of Service ("TOS") is to ensure customers are using Apvio's Services with due regard to the rights of other Internet users and in conformity with the requirements of Apvio's network environment. The TOS are not exhaustive and Apvio reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.apvio.net/notices/ or notification of the modified TOS.

Order, Acceptance and Services

When Accepted by Apvio, the Order submitted by Customer creates a contract between Customer and Apvio, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is "Accepted" by Apvio when (i) with respect to Orders submitted online or placed over the telephone, Apvio provides Services in response to the Order or bills Customer for payment and (ii) with respect to Orders reduced to writing and signed on an approved Apvio form, when an authorized representative of Apvio executes and delivers such form signed by Customer.

Apvio will provide, and Customer will pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the "Service Fees"). Customer will abide by, and Services provided in accordance with, the Billing Policy (the "Billing Policy") that Apvio posts on its website; as such Billing Policy may be changed by Apvio from time to time. The Billing Policy is hereby incorporated herein and made a part hereof by this reference.

Acceptable Use

Customers are required to use the Apvio network responsibly. This includes respecting other Apvio Customers and Internet users as a whole. Customer will abide by, and utilize the Services only in accordance with, the Acceptable Use Policy (the "Acceptable Use Policy") that Apvio posts on its website; as such Acceptable Use Policy may be changed by Apvio from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access Apvio's Web site to determine if Apvio has made any changes thereto.

Minimum Age Requirement

Apvio customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a Apvio customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the Service Fees for Apvio Services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Apvio's express written consent to the contrary. Any acceptance of the TOS or any other agreement for Apvio's services will be deemed null and void to the extent that Apvio will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Apvio's services.

Warranty

Unless the applicable Service Description provides otherwise, Apvio Services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Apvio expressly disclaims any representation or warranty that the Apvio'service will be error-free, secure or uninterrupted. No oral advice or written information given by Apvio, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Apvio and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Third Party Licenses

Apvio makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Apvio makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Apvio specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Apvio liable in any way for the revocation of any license, which has been licensed to Apvio. The use of the Technologies obtained from or through Apvio, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Modifications

Apvio may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Apvio Services. Certain changes to Apvio Services may affect the operation of Customer's personalized applications and content. Each customer is solely responsible, and Apvio is not liable, for any and all such personalized applications and content, except as expressly agreed to by Apvio.

Non-Apvio Products

Any mention of Non-Apvio products by Apvio, its employees, or any third party entity related to Apvio is for information purposes only and does not constitute an endorsement or recommendation by Apvio. Apvio disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Apvio products or services.

Control of IP Addresses

Apvio maintains control and ownership of all IP numbers and addresses that may be assigned to you, and we reserve the right to change or remove any and all IP numbers and addresses at our sole discretion.

Apvio's Intellectual Property

Customers will not, without Apvio's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Apvio's website, and Customers will not use any of Apvio's trademarks, service marks, copyrighted materials, or other intellectual property without Apvio's express written consent. Customers will not, in any way, misrepresent their relationship with Apvio, attempt to pass themselves off as Apvio, or claim that Customers are Apvio.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL APVIO (INCLUDING, WITHOUT LIMITATION, APVIO'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS APVIO, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING APVIO'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR APVIO SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY APVIO SERVICES EVEN IF APVIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APVIO'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR APVIO'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY APVIO OR APVIO'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID, OR TO BE PAID, BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Force Majeure

Apvio will not be liable for delays in its performance of the TOS or Apvio Services caused by circumstances beyond Apvio's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Apvio will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Indemnification

Apvio Customers agree to protect, defend, hold harmless, and indemnify Apvio, any third party entity related to Apvio (including, without limitation, third party vendors), and Apvio's former current, and future officers, directors, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Apvio, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer.s use of Apvio Services.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Apvio's services, either in whole or in part, without the prior written consent of Apvio.

Governing Law and Severability

The TOS, and any other agreement for Apvio Services, will be governed by and construed in accordance with the laws of the State of Washington, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Apvio will take place in Washington, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Apvio agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of the TOS or other agreement for Apvio'services, initiated by a Customer, will be effective only if accepted in writing and signed by an authorized representative of Apvio.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Apvio and its customers. Each of Apvio and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for Apvio'services, constitutes the complete understanding and agreement between Apvio and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Apvio, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Apvio'services is between Apvio and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Apvio.