Welcome to the website (“Site”) of Aptivio, Inc. (a Delaware corporation) (“Aptivio,” “we” or “us”), www.aptivio.com (the "Site" or "Web Site"). Aptivio is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
Our Intellectual Property
The Aptivio name and Aptivio-branded seals, logos, and related marks are registered trademarks/design marks of Aptivio. The Aptivio Website seal, the Click to Verify mark, the COPPA mark, and other such marks are trademark/certification mark(s)/service mark(s) of Aptivio. All rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Aptivio or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Aptivio
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark, and other notices contained in your personal copies. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold Aptivio, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Certain areas of this Site enable you to apply to join one or more of the Aptivio seal programs. The terms of those programs and the terms governing your application to and participation in those programs are set forth in the License Agreement[s] for such program[s]. Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your application, nor does it constitute an acceptance into the program. Aptivio reserves the right after receipt of your order to accept or decline your application as provided in the License Agreement governing the particular program(s) for which you apply.
Any information contained in an Aptivio Whitelist is designed to communicate the compliance with the applicable program requirements of an Aptivio Program by a particular company or software application. The intent of each Aptivio Whitelist is solely to communicate that the company or software application listed therein has been found to be in compliance with the program requirements of the applicable Aptivio Program; however, it may be that the company or software application listed therein has violated the program requirements of the applicable Aptivio Program and such violation has not yet been detected or reported, and in the event that it is determined that there has been a violation of the applicable program requirements, that company’s or software application’s status on the Whitelist would be under review. Listing of any company or software application on the Whitelist does not mean anything more than the foregoing and you may not infer anything further about the company, products, or services of the company, or the software application from such listing on the Whitelist.
Use of the information on any of Aptivio’s Whitelists is for verification and research purposes only. While Aptivio encourages the development of automated technologies to implement Aptivio Whitelists, such development must be predicated on the execution of an agreement with Aptivio regarding such development and use of the Aptivio Whitelists. Absent such an agreement, obtaining information from an Aptivio Whitelist by automated means, such as "screen scraping", for purposes of commercial automated verification or research is prohibited.
Disclaimer of Warranty, Limitation of Liability, and Release
Aptivio does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” APTIVIO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL APTIVIO OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED APTIVIO IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
APTIVIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT APTIVIO ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Aptivio’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with Aptivio, you release Aptivio (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Links to Other Sites
Our Site may provide links to websites not operated by Aptivio. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party websites. For example, we do not vouch for the accuracy or reliability of the information on third-party websites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third-party sites and make no representations regarding the accuracy of materials on third-party Websites. Statements made on third-party Websites linked to or from this site reflect only the views of their authors and not of Aptivio.
Unless otherwise set forth in a written agreement between you and Aptivio, you may link your website to the home page of our Site. (provided that you adhere to the following linking policy: (i) any link to Aptivio's Site must be a text-only link and clearly marked "Aptivio Site," (ii) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Aptivio's name, trademarks, and certification marks, (iii) the link must "point" to the URL www.aptivio.com and not to other pages within our Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Aptivio, (v) when selected by a user, the link must display the Aptivio Site on full-screen and not within a "frame" on the linking Site, and (vi) Aptivio reserves the right to revoke its consent to the link at any time and in its sole discretion.)
Violations and Additional Terms
No delay or failure by Aptivio to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by Aptivio nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Aptivio shall have any legal effect.
If any clause or provision set forth in these Terms and Conditions statements are determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
This English-language Terms and Conditions statement is Aptivio’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
For More Information
If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to firstname.lastname@example.org, calling our customer service at +1 646-564-5641, or writing to us at Aptivio Inc., 530 Fifth Ave, New York, NY 10036, USA.
Changes to this Agreement