Terms of Service
Your use of this website (the "Adapt Website") and contents contained thereon are subject to the terms and conditions of use set forth below "Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE ADAPT WEBSITE, OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ADAPT WEBSITE OR DOWNLOAD ANY CONTENTS FROM IT.
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Ownership
The Adapt Website and the information, documents, data, products and/or programs contained thereon (collectively, the "Website Materials") are the property of Adapt Technologies, Inc. ("Adapt") and its licensors.
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Use and Limitations
Subject to these Terms and Conditions, you may view, copy, print, and distribute, the Website Materials or any portion thereof solely for informational purposes. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page. All rights, title, and interest in and to the Website Materials and all intellectual property rights therein shall remain with Adapt and its licensors and no ownership interest is transferred by virtue of making the Website Materials available on the Adapt Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must contain the following copyright notice: "Copyright © 2008 Adapt Technologies, Inc., 117 E. Colorado Blvd., Suite 165, Pasadena, CA 91105 . All Rights Reserved." Further, nothing contained in the Adapt Website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent or trademark of Adapt or any third party. Without limiting the foregoing, the trademarks, logos and service marks ("Marks") displayed on the Adapt Website are the property of Adapt or other third parties. You are not permitted to use these Marks without the prior written consent of Adapt or such third party which may own the Mark. ADAPT and ADAPT SEM are registered trademarks of Adapt.
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Separate or Additional Terms
Notwithstanding anything contained in the foregoing paragraph, certain Website Materials (such as downloadable software and documentation) may be subject to separate or additional terms or conditions of use as stated either on the Adapt Website or in such Website Materials. You agree to comply with such terms and conditions with respect to your use of those Website Materials.
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Feedback
Adapt will treat any questions, comments, data, materials or the like other than personally identifiable information (collectively, the "Feedback") sent to Adapt as non-confidential and non-proprietary information. Adapt shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that Adapt shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that Adapt shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.
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Mailings
By submitting your name, company, e-mail address, classification, and any other personally identifiable information to us through the Adapt Website, you hereby grant to Adapt a royalty-free license to use and disclose this information in accordance with Adapt's Privacy Policy available at [insert link to privacy policy]. Please review Adapt's Privacy Policy before using the Adapt Website or the Website Materials. You also grant to Adapt a royalty-free license to use and disclose such information in connection with periodic mailings to you about Adapt's products, services, and news (the "Mailings"). These Terms and Conditions shall apply to all such Mailings.
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Errors, Revisions, and Access
ADAPT DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE ADAPT WEBSITE OR WEBSITE MATERIALS. ADAPT RESERVES THE RIGHT TO REVISE OR WITHDRAW ACCESS TO THE ADAPT WEBSITE OR ANY WEBSITE MATERIALS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. NOTWITHSTANDING THE FOREGOING, ADAPT SHALL HAVE NO OBLIGATION HEREUNDER TO UPDATE THE ADAPT WEBSITE OR WEBSITE MATERIALS. IN NO EVENT SHALL ADAPT OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ADAPT WEBSITE OR ANY WEBSITE MATERIALS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON THE ADAPT WEBSITE OR ANY WEBSITE MATERIALS.
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Disclaimer
YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE SPECIFICALLY AGREED BY ADAPT IN A SEPARATE WRITTEN AGREEMENT, THE ADAPT WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. ADAPT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE ADAPT WEBSITE OR IN THE WEBSITE MATERIALS (INCLUDING MATERIALS CREATED OR PUBLISHED BY THIRD PARTIES) OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THE ADAPT WEBSITE. YOU ALSO UNDERSTAND AND AGREE THAT ADAPT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION AVAILABLE FOR DOWNLOADING THROUGH THE ADAPT WEBSITE OR THE WEBSITE MATERIALS WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS YOUR RESPONSIBILITY TO MAINTAIN SAFEGUARDS TO PROTECT YOUR COMPUTER FROM SUCH ITEMS. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
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Limitation of Liability
IN NO EVENT WILL ADAPT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ADAPT WEBSITE, WEBSITE MATERIALS, OR ANY OTHER WEBSITE HYPERLINKED TO THE ADAPT WEBSITE OR WEBSITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF USE, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA, WHETHER OR NOT ADAPT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE ADAPT WEBSITE OR THE WEBSITE MATERIALS, YOU ASSUME THE RISK OF ANY DAMAGES ARISING FROM ANY FAILURE OF THE ADAPT WEBSITE OR THE WEBSITE MATERIALS TO PERFORM AS EXPECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ADAPT FOR YOUR USE OF THE ADAPT WEBSITE OR THE WEBSITE MATERIALS, UNLESS OTHERWISE SPECIFICALLY AGREED BY ADAPT IN A SEPARATE WRITTEN AGREEMENT, ADAPT'S TOTAL CUMULATIVE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100) AND THAT IN THE ABSENCE OF THE LIMITATION OF LIABILITY PROVISIONS, THE COST TO YOU TO OBTAIN THE ADAPT WEBSITE OR THE WEBSITE MATERIALS WOULD BE SUBSTANTIALLY HIGHER.
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Amendment
Adapt may at any time revise these Terms and Conditions by updating this posting. By using the Adapt Website, you agree to be bound by any such revisions and therefore you should periodically visit this page of the Adapt Website to examine the then-current Terms and Conditions by which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Adapt Website.
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General
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of California without giving effect to any conflicts of law principles that would require the application of the law of a different state. Any suit or proceeding arising out of or relating to these Terms and Conditions shall be commenced exclusively in a state court in Los Angeles County, California, or the federal court in the Southern District of California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Nothing herein limits Adapt's right to proceed directly to any court of competent jurisdiction to obtain injunctive or other equitable relief, or to enforce it's intellectual property rights. These Terms and Conditions constitute the entire agreement between Adapt and you regarding use of the Adapt Website and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral regarding your use of the Adapt Website. You also may be subject to additional or different terms and conditions regarding your use of Website Materials or Adapt products or services.
If you have any questions about the foregoing, please contact Adapt at the following e-mail address: support@adapt.com.