AKiTiO, Inc. ("AKiTiO") and its associates maintain this website (the "Website") and its contributions to Partner Sites (as defined below, and collectively with the Website, the "Sites") as a service to its customers and partners.
By using the Sites, you agree to comply with and be bound by the following terms and conditions (the "Agreement"), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Sites. Use of our Sites is limited to individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, our services are not available to minors.
In addition, when using any particular service of the Sites, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement.
Using the Sites
AKiTiO has agreed to provide certain of its content and other propriety material to its partners (the "Partners") on their websites (the "Partner Sites"). All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content of the Website, all of the foregoing provided by AKiTiO to the Partner Sites, and any of the foregoing sent to you by e-mail or other means (collectively, the "Sites Content") are proprietary to us or to third parties.
AKiTiO authorizes you to view, download, and print the Sites Content subject to the following conditions: (i) you may only download and print the Sites Content in limited quantities as required to evaluate whether the goods and services of AKiTiO are appropriate for your use; (ii) you many not use any automated process or software program to view, download, print or otherwise use Sites Content; (iii) you may not use any of the Sites Content for the purpose of soliciting, for any service or product, companies that have information included in the Sites Content; (iv) you may not modify the Sites Content; (v) any displays or print outs of the Sites Content must be marked "© AKiTiO 2010. All rights reserved."; and (vi) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Sites Content. Except as expressly permitted above, copying; modifying; storing for any period of time, for any use other than specified in (i) above; reproduction; redistribution; republication; uploading; posting; transmitting; distributing or otherwise exploiting in any way the Sites Content, or any portion of the Sites Content, is strictly prohibited without the prior written permission of AKiTiO. To request permission, you may contact AKiTiO.
All software used on the Sites is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks AKiTiO and AKiTiO, Inc. are proprietary to us, and they may not be used in connection with any service or products other than those provided by AKiTiO, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AKiTiO.
You agree, and represent and warrant, that your use or other exploitation of the Sites and the Sites Content, or any portion thereof, will be consistent with the foregoing license and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Sites, the Sites Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
Permitted Use, Limitations on Use
You may access and download the Material you pay for only as required to view the Material on your web browser for your individual use, maintaining all copyright and other notices on the Material. You may print a single copy of Material for your use. You may not republish or distribute any Material or use the Material, in any fashion that is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying Third-Party Content.
Links to Third Party Sites Are Not Endorsements
The Sites contains links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by AKiTiO. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Warranty Disclaimer And Limitation of Liability
AKiTiO makes no representations or warranties of any kind regarding the Sites and the Sites Content. The Sites and Sites Content are provided in "AS IS" condition, and AKITIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SITES AND THE SITES CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITES OR THE SITES CONTENT, (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITES OR THE SITES CONTENT AND (v) AS TO ANY PARTNER SITE OR ITS CONTENTS. No advice or information, whether oral or written, obtained by you from AKiTiO or through the Sites or Sites Content will create any warranty not expressly stated herein.
YOU USE THE SITES AND THE SITES CONTENT AT YOUR OWN RISK, AND AKITIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Sites or the Sites Content, including any allegation or claim that AKiTiO has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Sites or the Sites Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM AKITIO OR ANY OF ITS PARTNERS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITES OR SITES CONTENT, EVEN IF AKITIO OR ITS PARTNERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Your Indemnity of AKiTiO and its Partners; Termination of Use
You agree to indemnify and hold AKiTiO and its Partners harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys' and professionals' fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Sites or Sites Content. For any indemnified matter, AKiTiO and its Partners will have full control of the response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and you will cooperate with AKiTiO and its Partners in such matter.
AKiTiO and any of its Partners may, at their option, terminate any person or entity's access to any or all of the Sites upon any breach of the terms and conditions of this Agreement.
Applicable Law and Jurisdiction
The Sites (excluding links) are controlled by AKiTiO and operated by AKiTiO from its offices in and around Taipei, Taiwan. Although AKiTiO has made no effort to publish the Sites elsewhere, because the Sites are published on the World Wide Web it is accessible in other countries. As each of these places has laws that may differ from those of Taiwan and from each other, and as you and AKiTiO both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Sites, by using the Sites you and AKiTiO agree that all matters arising from or relating to the use and operation of the Sites will be governed by the substantive laws of the Republic of China, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Sites will be heard and resolved in the courts in Taipei, Taiwan. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Sites from locations other than Taipei, Taiwan, you will be responsible for compliance with all local laws of any such other location.
No delay or omission by AKiTiO in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by AKiTiO of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to". The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and AKiTiO regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.