Agreement of Terms of Use
By visiting, using and/or submitting information to theaestrue.com, you are accepting this Agreement of Terms of Use ("Agreement") and our Privacy Policy.AES website, theaestrue.com, is owned and operated by Apollo Enterprise Solutions, Ltd., a Bermuda company ("AES") with its Corporate Office in Hamilton, Bermuda. This Agreement sets forth the terms and conditions that apply to your access and use of theaestrue.com, and applies to you, a user of theaestrue.com and AES. By visiting, using and/or submitting information to theaestrue.com, you represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
Your Access and Use of theaestrue.com
You are only entitled to access and use theaestrue.com for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Your access and use of theaestrue.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of theaestrue.com or other actions that AES, in its sole discretion, may elect to take. AES reserves the right to suspend or discontinue the availability of theaestrue.com and/or any portion or feature of theaestrue com at any time in its sole discretion and without prior notice.
Any action by you that, in AES's sole discretion: (i) violates the terms and conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of theaestrue.com; or (iii) through the use of theaestrue.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use theaestrue.com. You shall not metatag, provide links to or frame theaestrue.com without the prior express written permission of AES.
Transmissions, Submissions and Postings to theaestrue.com
AES website, theaestrue.com, may provide chat rooms, bulletin boards and other forums for the public to contribute information and make statements. AES does not approve or endorse any such information or statements, however, AES reserves the right to edit and/or remove such information and statements. You should be cautious and not rely solely on information or statements published in those forums. Users must abide by the following rules for public forums:
- No personal attacks
- Do not share personal information
- No explicit or vulgar posts
- No commercial advertisements or solicitations
- No posting of copyrighted information without written permission
AES's Intellectual Property Rights
The following terms and features used by theaestrue.com, including, without limitation, Advancing the Science of Customer Experience™, Advancing the Science of Payments™, AES™, aestrue.com™, Agent Emulation®, Apollo™, Apollo Enterprise Solutions™, Intelligent Decisioning™, PsyAnalytics™, PsyBuild™, PsyCapture™, Psychographic Conversion™, PsyComm™, PsyConnect™, PsyData™, PsyDesign™, PsyTest™, TrueAgent™, TrueCollect®, TrueConnect™, TrueContact™, TruePay+™, TrueServe™, TrueStart™, and the navigation design of theaestrue.com are trademarks of AES, and may not be used by you without the prior express written permission of an authorized officer of AES, which permission may be withheld in AES's sole discretion. AES makes no proprietary claim to any third-party names, patents, copyrights, trademarks or service marks used or appearing on theaestrue.com. Any third-party names, patents, copyrights, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, theaestrue.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans are copyrighted by AES or copyrights of third parties and used by AES under license. AES also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content or the selection, coordination, arrangement, presentation, display and enhancement of the Content.
You shall be solely responsible for any damage resulting from your infringement of AES 's or any third party's intellectual property rights regarding marks and/or the Content and/or any other harm incurred by AES or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Without the prior written consent of AES, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content, or transfer the Content to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of AES, which permission may be withheld in AES 's sole discretion.
AES Makes No Representations or Warranties Regarding the Content
The Content is provided to you on an "as-is" basis. The Content is intended only to assist you understanding the services and products that AES provides. AES does not make any representations, warranties or guarantee, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content.
No Representations, Warranty or Guarantee
AES makes no representation, warranty or guarantee that the Content that may be available for downloading from theaestrue.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Limitations on AES's Liability
AES shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of theaestrue.com; (iii) your inability to access or use theaestrue.com for any reason; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content, even if AES has been advised of the possibility of such damages.
Your Indemnification of AES
You shall defend, indemnify and hold harmless AES and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration, if any; (iii) your access or use of theaestrue.com; and/or (iv) access or use of theaestrue.com under any password that may be issued to you.
Amendments of this Agreement
AES reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Our last update was February 27, 2015. Your continued access and use of theaestrue.com following the posting of any such changes shall automatically be deemed your acceptance of the same.
AES's Equitable Remedies
You acknowledge that AES may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, AES shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Los Angeles, Los Angeles County, California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Los Angeles County, California. The arbitrator shall be selected by you and AES and if you and AES are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.
Arbitration shall not commence until the party requesting it has deposited Two Thousand Dollars ($2,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and AES and your and AES's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or AES be entitled to punitive damages and both you and AES hereby waive the rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by AES from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and AES regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or theaestrue.com, please contact us via any of the methods set forth below:
Via telephone: (562) 513-3700
Via fax: (562) 513-3710
Via mail: Apollo Enterprise Solutions, Ltd., 111 W. Ocean Blvd., Suite 1625, Long Beach, CA 90802, USA
Via email: contact us
Via online link: theaestrue.com
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