Terms Of Service

TERMS OF SERVICE
Version
1.0
Last Modified:
October 9, 2022
These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms
carefully.
These Terms of Service (the “
Terms
”) apply to your use of
https://aethex.wixsite.com/default
and all
related apps and services (the “
Services
”). These Terms are effective as of the Last Modified date above.
A
ll references to “us”
and similar words such as “we” and “our” (even if not capitalized) mean
AeThex
LLC
.
All references to “you” and similar words such as “your” (even if not capitalized) mean the
individual using the Services, and if you are using the Services on behalf of a business entity, it means
both you and that business.
By using the Services, you are
agreeing to these Terms and the other policies referenced in these Terms.
If you are using the Services on behalf of a business entity, then you represent that you are authorized
to use the Services on behalf of that business and you are agreeing to these
Terms and the other policies
referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Services.
Use of the Services
License to Use the Services
Subject to your compliance with these Te
rms, we grant you a limited, non
-
exclusive, non
-
sublicensable,
non
-
transferable, and revocable license to access and use the Service solely for your internal use.
Not for Children
The Services are not designed for children. You may not use the Services if
you are under 13 years old.
Prohibited Uses
You shall not directly or indirectly: (a) use the Services for any illegal purpose or in a way that would
violate another contract, (b) resell or otherwise make the Services available to third parties without our
express permission, (c) use the Services in any way that may harm the Services, including using bots,
scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse
engineering, decompiling, disassembling, or otherwise att
empting to discover the source code, object
code, or underlying structure or algorithms, of the Services, or (e) attempt to use the Services without
our express permission after we have terminated your right to use the Services.
Modifications
We may add to
, modify, suspend, or discontinue, all or parts of the Services at any time, for any reason,
with or without notice to you. We will not be liable to you for any such change.
No Support
We will not have any obligation to provide any customer support with re
spect to your use of the
Services.
Privacy Policy
Our privacy policy is available at
https://aethex.wixsite.com/default/privacy
-
policy
(the “
Privacy
Policy
”). That Privacy Policy applies to your use of the Services. By using the Services, you consent to ou
r
collection and use of your information, as described in our Privacy Policy.
User Accounts
User Accounts
We may allow you to create an account (or we may create one for you) to use the Services. If you create
(or accept) an account, then we may request in
formation about you as described in the account setup
process and in these Terms and the other policies referenced in these Terms. Please review our Privacy
Policy to understand how we use your information. Subject to the other provisions in these Terms, b
oth
you and we may terminate your account any time.
Account Responsibilities
You must keep your account credentials private and may not allow other people to use your account.
You are responsible for everything that happens through your account.
Paid Services
Products
We may allow you to purchase products from the Services. The price for each product will be described
on the product page and in your checkout process. By purchasing a product, you are authorizing us to
charge your supplied payment m
ethod for the amounts described in your checkout process. Except as
provided in these Terms, all payments for products must be paid in advance, are non
-
cancelable, and
non
-
refundable.
Premium Services
Portions of our Services are restricted and may only
be used by users that purchase a license or
subscription (a “Premium Service”). We may offer different types of Premium Services, with different
pricing plans for each. The price for each Premium Service will be described on the Service and in your
checkou
t process. By purchasing a Premium Service, you are authorizing us to charge your supplied
payment method for the amounts described in your checkout process. We may offer different payment
plans for Premium Services (for example, one payment, installment p
ayments, or subscriptions). If you
select an installment or subscription option and fail to pay each installment or subscription payment,
then we may terminate your rights to use the Premium Services. If you purchase a subscription Premium
Service, then yo
u may terminate your subscription at any time and the termination will be effective at
the end of the then
-
current subscription term (even if you stop using the subscription early) and you will
be responsible for all payments remaining for the then
-
current
subscription term. Except as provided in
these Terms, all fees must be paid in advance, are non
-
cancelable, and non
-
refundable.
Your Content
Your Content
You may be allowed to submit content to us (such as text, documents, images, audio, videos, and mor
e)
(“
Your Content
”). By submitting Your Content to us, you represent that you own Your Content, or
otherwise have legal rights to You Content, and that the license you grant us to use Your Content is valid
and does not violate any other contract or law.
License to Use Your Content
By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty
-
free,
sub
-
licensable
,
transferable
, non
-
exclusive, license to access, store, use, process, copy, distribute, display,
perform, create derivati
ve works from, and export, Your Content,
with or without attribution for the
following purposes
: (a) to provide, maintain, and update the Services, (b) to prevent or address service,
security, support, and technical issues, with the Services, and (c) as re
quired by law.
Please refer to our
Privacy Policy for additional information about how we may use Your Content.
Visibility of Your Content
Please note that Your Content may be visible to other users of the Service depending on the privacy
settings chosen
by you (please review our Privacy Policy to understand your rights with respect to
privacy settings). We cannot guarantee that those other users will not violate your rights with respect to
Your Content and we disclaim all liability for uses by other users
.
Deleting Your Content
Notwithstanding anything contrary in these Terms, we do not have any obligation to retain or otherwise
backup Your Content. Please review our Privacy Policy to learn more about your rights with respect to
the retention and deletio
n of Your Content.
Intellectual Property
Our Property Rights
The Services (including all design, software, code, and other content on the Services) are either owned
by us, licensed to us, or likely owned by another individual or business, and may be protected by
copyright, trademark, patent, trade secret, or other i
ntellectual property laws. As between you and us,
we own all the foregoing. Your use of the Services does not grant any rights to you other than the right
to use the Services for their intended purpose as outlined in these Terms.
Copyright/DMCA Policy
We
respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium
Copyright Act of 1998 (“
DMCA
”). If you believe content on the Services infringes your copyright (or the
copyright of someone which you are authorized to re
present), please submit a DMCA Notice to our
Designated DMCA Agent at the email address at the bottom of these Terms.
Your DMCA Notice must include all the following:
•
Identification of the copyrighted work that you claim has been infringed.
•
Identification
of the material that is claimed to be infringing and specifically where it is located
on the Service.
•
Sufficient information for us to contact you such as your address, phone, or email address.
•
A statement that you have a good faith belief that use of the
material in the manner complained
of is not authorized by the copyright owner, its agent, or law.
•
A statement, made under penalty of perjury, that the above information is accurate, and that
you are the copyright owner or are authorized to act on behalf o
f the owner.
•
An electronic or physical signature of a person authorized to act on behalf of the copyright
owner.
PLEASE NOTE
: Under U.S. federal law, if you knowingly misrepresent that online material is infringing,
you may be subject to criminal prosecuti
on for perjury and civil penalties, including monetary damages,
court costs, and attorneys’ fees.
Exclusions, Disclaimers, & Limitations of Liability
A
ll references to “us”
and similar words such as “we” and “our” (even if not capitalized) in this section
mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers,
managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and
affiliates.
•
The Services are offered on an “AS IS”
and “AS AVAILABLE” basis without any representations
or warranties of any kind.
•
Without limitation, we do not represent or warrant that (a) the information on the Services is
free from error, (b) the functionality of the Services will be uninterrupted, se
cure, or free of
errors, (c) defects in the Services will be corrected, or (d) that the Services or the equipment
the Services use are free of viruses.
•
To the fullest extent permitted by law, we disclaim all representations and warranties
(express, implied
, and statutory), including the implied warranties of merchantability, title,
fitness for a particular purpose, accuracy of data, and non
-
infringement, and all liability for
identity theft and other misuse of your identity or content.
•
We do not vet content
submitted by users of the Services and we do not represent or
guarantee that any such content is truthful or accurate or that you will have any right to use
that content.
•
We do not warrant, endorse, guarantee, or assume responsibility for, any product or
service
advertised or offered by a third party on the Services, or for any other websites or
applications which are linked to or referenced in the Services. If you use or purchase any such
products or services, or if you click on any such links, you do so
at your sole risk.
•
We will not be liable to you or any third party for any indirect, special, incidental,
consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss
of use, or costs of obtaining substitute goods or se
rvices), arising out of or in connection to the
Services or your use of the Services.
•
All limitations of liability in these Terms will apply regardless of whether you or the third party
bases your/its claim on contract, tort, strict liability, or any othe
r legal theory, and whether
we knew or should have known about the possibility of such damages.
•
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
•
Subject to the limitations of liability in these Terms, our liabi
lity to you or any third party will
not exceed the amount you paid for the Services, or if the claim does not relate to a purchase,
then $100.
•
Any cause of action or claim which you may have which arises out of or in connection to the
Services or your use
of the Services must be brought (if at all) within one year after the cause
of action or claim accrued. Otherwise, such cause of action or claim will be permanently
barred.
•
All the foregoing limitations will apply even if a remedy fails of its essential
purpose and to the
fullest extent permitted by law.
Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the
extent such jurisdictions’ laws are applicable to your use of the Services, such exclusions, disclaime
rs,
and limitations of liability, will be limited to the extent required by the applicable law.
Termination
Your Rights
You may terminate your account or your use of the Services at any time. If you owe us any payments at
the time you terminate your accoun
t or use of the Services, then you must promptly pay us all such
payments after the termination. In all cases, you will remain liable for any damage you caused or may
later cause to us or any part of the Services.
Our Rights
We may temporarily or permanent
ly terminate one or both of (a) your account and delete all content
(including Your Content) associated with your account, and (b) your licensee to use the Services. We
may exercise those rights at any time, for any reason, in our sole discretion, with or
without notice to
you.
Survival of Terms
Even if your account or your license to use the Services is terminated (by either party), the following
provisions of these Terms will continue to apply to you and will survive such termination: (a) all
provisions r
estricting your right to use the Services and all provisions limiting our obligations to you, (b)
all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our
intellectual property rights and all provisions related
to your licenses of (and representations regarding)
Your Content, (d) all provisions related to your indemnification obligations and all provisions related to
arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related
to exclusions,
disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to
termination of your account and license to use the Services, and (g) all miscellaneous provisions.
Indemnification
You shall indem
nify us and our parents, subsidiaries, and affiliates, and the respective owners, directors,
officers, managers, employees, contractors, and other representatives, of us and our parents,
subsidiaries, and affiliates (the “
Protected Parties
”) against all re
asonable expenses including attorneys’
fees, costs, and damages of every kind (the “
Losses
”) arising out of any suit, claim, investigation, or
proceeding, which is threatened or brought against us, related to your (a) use of the Services, (b) breach
of the
se Terms or any other policies referenced in these Terms, (c) submission of content that violates
third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume
the exclusive control and defense of any such matte
r. You shall cooperate, at your expense, with our
control and defense of any such matter. You shall not settle any such matter without our prior written
consent.
Legal Provisions
Governing Law & Jurisdiction
Our provision of the Services, your use of the S
ervices, and these Terms and all policies referenced in
these Terms,
will be governed by and construed in accordance with the laws of
California
excluding its
conflict of law principles. With respect to any dispute arising out of or related to any of the f
oregoing,
both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in
Humboldt
County
County
, California
, or when applicable in the U.S. District Court having jurisdiction over that
county.
Waiver of Jury Trial
You and we ea
ch waive trial by jury in all actions, proceedings, or counterclaims brought by either
party against the other on any matter arising out of or in any way connected to t
he Services, your use
of the Services, and these Terms and all policies referenced in
these Terms
.
Miscellaneous
Entire Agreement
These Terms, and all policies referenced in these Terms (if applicable to you), contain the entire
agreement between you and us related to the Services and your use of the Services, and supersede all
prior discus
sions and agreements (whether oral or written) by you and us related to the same.
Waiver
Any failure or delay by us to exercise any right or remedy in these Terms will not operate as a waiver of
the same. Any waiver by us of a breach by you of any provisio
n in these Terms will not operate as a
waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written
form and signed by us.
Severability
Each provision in these Terms will be treated as separate and independent o
f the other provisions.
Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the
provision will be limited to the minimum extent necessary so that it remains enforceable. If such
amendment is not possible, then the u
nenforceable provision will be deemed removed from these
Terms, but the remaining provisions will remain in full force.
Assignment
You may not assign your rights or obligations in these Terms, or any policies referenced in these Terms,
without our prior wr
itten consent. Any attempted assignment by you will be null and void. We may
assign our rights and obligations in these Terms at any time, for any reason, with or without notice to
you.
Power to Amend These Terms
We may amend these Terms any time, for any
reason, with or without notice to you. Your continued use
of the Services after the amended Terms are posted on the Services will constitute your
acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms
materially alter
your rights or obligations in these Terms, the amended Terms will become effective
upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms,
or (b) 30 days after the amended Terms are posted on the Services.
Contact
Unless otherwise required by these Terms or by law, you may contact us at:
info@aethex.net