Terms of Use

Changes to the Terms

APCON Products are offered by APCON (“we” or “us”). We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of APCON Products following the posting of revised Terms means that you accept and agree to the changes.

Changes to APCON Products

While we hope to always offer APCON Products and all of their features, we reserve the right to change or cease offering APCON Products or any part, portion or functionality of APCON Products without notice. We will not be liable if for any reason all or any part of APCON Products are unavailable at any time.

Information About You and Your Access of APCON Products

All information we collect on or through APCON Products is subject to our Privacy Policy. By using APCON Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Permitted and Unpermitted Use

These Terms allow you to use APCON Products in accordance with these Terms. All rights not expressly granted to you are reserved by APCON. You agree you are not permitted and will not use APCON Products as follows:

• in any way that violates any federal, state, local or international law or regulation;

• to engage in any other conduct which, as determined by us, may harm APCON

• in any manner that could disable, overburden, damage, or impair APCON Products or interfere with another’s use of APCON Products;

• to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

• to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of APCON or any server, computer, or database connected to APCON;

• to attack APCON via a denial-of-service attack or a distributed denial-of-service attack; and

• otherwise attempt to interfere with the proper working of APCON Products. You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which, as determined APCON in its sole discretion:

• infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

• violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; or

• promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

Monitoring and Enforcement; Legal Compliance; Termination

You agree that we have the right to:

• take any action with respect to any user or Member account that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third party rights, a threat to the personal safety of others, or a threat or liability or harm to the goodwill associated with APCON;
• take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of APCON Products; and
• terminate or suspend your access to all or part of APCON Products for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using APCON Products. YOU WAIVE AND HOLD HARMLESS APCON AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APCON OR LAW ENFORCEMENT AUTHORITIES.

Intellectual Property Rights

APCON Products and their contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by APCON, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Logos and Designs

The APCON name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of APCON. You must not use these marks and copyright without the prior written permission of APCON. All other names, logos, product and service names, designs and slogans on APCON are the trademarks of their respective owners.

Intellectual Property Infringement

If you believe that any APCON content infringes your intellectual property rights, including copyright, please send notice of the copyright infringement to support@apcon.com.

Third Party Links and Services

APCON Products may include content provided by third parties. If APCON Products contain links to other sites and pop-ups and similar resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from APCON Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by APCON, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of APCON. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking from and to APCON Products and Social Media Features

APCON Products may provide certain features that enable you to connect or link to or from social media as well as other third party websites and applications and share information and communications to and from APCON Products and such third party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. We may disable all or any of this features at any time without notice in our discretion.

Disclaimer of Warranties

YOUR USE OF APCON PRODUCTS, THEIR CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH APCON PRODUCTS IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APCON NOR ANY PERSON ASSOCIATED WITH APCON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF APCON PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER APCON NOR ANYONE ASSOCIATED WITH APCON REPRESENTS OR WARRANTS THAT APCON PRODUCTS OR ANY FUNCTIONALITY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH APCON PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT APCON PRODUCTS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT APCON PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH APCON PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

APCON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL APCON, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, APCON PRODUCTS, ANY WEBSITES LINKED TO THEM, ANY CONTENT OFFERED ON OR THROUGH APCON PRODUCTS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH APCON PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless APCON, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of APCON Products, including, but not limited to, your User Contributions, any use of APCON Product content, services and products other than as expressly authorized in these Terms or your use of any information obtained from APCON Products.

Governing Law and Jurisdiction

All matters, disputes or claims relating to APCON Products and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or APCON Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon in each case located in the City of Wilsonville, Clackamas County. By agreeing to these Terms and using APCON Products, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

APCON may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and APCON. with respect to APCON Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to APCON Products.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to APCON Products should be directed by emailing support@apcon.com. Any feedback you provide to us shall be deemed to be non-confidential. APCON shall be free to use such information on an unrestricted basis.