TERMS AND CONDITIONS
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (''the ''Agreement'') specifies the Terms and Conditions for access to and use of www.aplicare.com (the ''Site'') and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Aplicare, Inc. upon its posting of the modified agreementat www.aplicare.com. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this Site is and shall continue to be the property of Aplicare, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You are authorized to view, download and reproduce the materials at this Website only for your internal information provided that you 1) retain all notices contained in the original materials 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice:
©Aplicare all rights reserved. No further publication or commercial use may be made of the materials on this Website without express written permission of Aplicare. You may not make any part of this Website available as part of another web site whether by hyperlink framing on the internet or otherwise. This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Website or its content.
4. Site Use. Aplicare, Inc. grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Aplicare, Inc. and your use of this website may be terminated at any time.
5. Compliance with Laws. You agree to comply with all applicable laws regarding your use of this Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
6. Indemnification. You agree to indemnify, defend and hold Aplicare, Inc. and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN ''AS IS,'' ''AS AVAILABLE'' BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. APLICARE, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL APLICARE, INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Applicable Law. You agree that the laws of the state of Connecticut, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Aplicare, Inc.
11. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.