3. OWNERSHIP. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of APVI, Inc. Much of the content found on this site--- the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks")---- is registered and are common law Trademarks of Apvi.com Nothing contained on this site should be construed as granting, by implication, stopples, or otherwise, any license or right to use any of the Trademarks without the written permission of APVI, Inc.
4. USE OF SITE. Apvi.com grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this user agreement. You may only use this site to place legitimate orders or purchases and shall not use this site for any other purposes, including, without limitation, to make any speculative, false or fraudulent orders. This site and the content provided in this site, including the text, graphics, button icons, data compilations, and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of APVI, Inc. However, you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or any other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content found on this site, in any case, without the prior written permission of APVI, Inc. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this site to any other computer, server, website, or any other medium for mass distribution or use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that APVI, Inc deems in its sole discretion to be unreasonable or disproportionate to the benefits Apvi.com obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or any other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or any other proprietary right, or any other harm resulting from your use of this site.
5. AGE AND RESPONSIBILITY. You agree to accept responsibility for all activities that occur under your account. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your order information.
7. REVIEW OF TRANSMISSIONS. Apvi.com may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Apvi.com deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions on this site, you grant Apvi.com, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense-able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Apvi.com takes no responsibility and assumes no liability for any content posted or submitted by you.
8. EXCLUSION OF WARRANTY: Apvi.com MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. Apvi.com DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. Apvi.com ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DELAYS CAUSED BY INCOMPLETE OR INCORRECTLY SUBMITTED APPLICATIONS, DELAYS CAUSED BY OVERNIGHT OR SAME DAY SHIPPING SERVICES, (i.e. FedEx, EXPRESS MAIL, UPS, AIR NET, DELTA DASH), AND/OR APPLICATIONS SUSPENDED BY THE US PASSPORT OFFICE OR FOREIGN EMBASSIES. IN NO EVENT SHALL Apvi.com BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY Apvi.com. If, notwithstanding the foregoing, Apvi.com should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Apvi.com shall in no event exceed, in the aggregate, the greater of (a) the service charge, or (b) US$199.00. In its sole discretion, in addition to any other rights or remedies available to Apvi.com and without any liability whatsoever, Apvi.com at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow the limitation of liability, so the preceding limitation may not apply to you.
10. INDEMNIFICATION. You shall defend and indemnify Apvi.com and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
11. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices concerning the Site should be sent to:
Attn: Copyright Department
1990 K St. NW, Ste 450
Washington DC 20006
You may also reach us by phone at (202) 293-5750 or email us at firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. LINKS. This site contains links to other websites which are provided solely as a convenience to you and not as an endorsement by Apvi.com. Neither Apvi.com nor its employees shall be responsible for the content of any other Web sites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
13. RELATIONSHIP. The relationship between Apvi.com and you will be that of independent contractors, and neither we nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
14. GOVERNING LAW. This agreement and its performance shall be governed by the laws of the state in which Apvi.com at such time has its principal place of business, without regard to its conflict of laws and provisions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
15. ATTORNEY'S FEES. If APVI, Inc. takes any action to enforce this user agreement and these terms and conditions, APVI, Inc will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which APVI, Inc may be entitled.
16. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this user agreement and these terms and conditions will cause such damage to APVI, Inc. as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that APVI, Inc shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by APVI, Inc in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
17. TERMINATION. APVI, Inc may terminate this user agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which APVI, Inc may be entitled, at law or in equity. Upon termination of this user agreement and these terms and conditions, all rights granted to you will terminate and revert to APVI, Inc. as applicable.
18. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
19. MODIFICATION. APVI, Inc. may at any time modify these terms and conditions, and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
120. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. HEADINGS. The headings used in this user agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
22. ENTIRE AGREEMENT. This user agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. This user agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.