TERMS OF USE AGREEMENT
“In order to use the services offered on this website (“Services”), you must first agree to the following terms. You may not use the Services if you do not accept the terms. You agree that your use of the Services is evidence of your acceptance of the following terms.”
This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”) and AP-VISIONS, LLC. By accessing and using the AP-Visions web site, User acknowledges that he or she (1) has read, understood and agrees to comply with the terms and conditions stated within this Agreement (2) has the legal capacity and authority to be bound by this Agreement, and (3) if acting on behalf of a legal entity, have the authority to bind the entity to this Agreement.
AP-VISIONS, LLC reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.
PRIVACY
AP-VISIONS, LLC collects information about the Users of its web sites. Collection of this information is governed by the AP-VISIONS, LLC Online Privacy Policy, which may be accessed on the home page of AP-Visions.com.
USER CONDUCT
Users agree that all the information posted or accessed will be used only for informational or educational purposes. There shall be no commercial or other unauthorized use of any features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks – “domain name or other distinctive brand features” – including without limitation xLab®, xLab Starter®, Web Portal®, xEMRConnect® and AP-Visions® ,(collectively, “Marks”) used or referred to on this web site are the property of APVISIONS, LLC, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without APVISIONS, LLCs’ prior written permission. The use of the Marks on any other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted except where explicitly noted otherwise. The English version of this website shall control and take precedent in any conflict with a translation into any foreign language. AP-VISIONS, LLC 2012. All rights reserved.
The User acknowledges and agrees that AP-VISIONS, LLC has the right to terminate the Services at any time and/or may alter the website and its Services at any time. User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, movie trailers, film clips or other material contained in this web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without AP-VISIONS, LLC’s prior, written consent.
LINKS TO THIRD PARTY SITES
The AP-VISIONS, LLC web site may contain links to third party web sites, which are not under the control of AP-VISIONS, LLC. AP-VISIONS, LLC makes no representations or warranties about any other web site to which you may access through the AP-Visions web site. When you access a third party web site, you do so at your own risk and acknowledge that AP-VISIONS, LLC is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that AP-VISIONS, LLC shall not be liable for any loss or damage of any sort incurred as the result of using or accessing any third party’s web site. Mention of third party companies and web sites on the AP-VISIONS, LLC web site is for informational purposes only and does not constitute an endorsement or recommendation.
LIMITATION OF LIABILITY
WHERE APPLICABLE BY LAW. USER EXPRESSLY UNDERSTANDS AND AGREES THAT AP-VISIONS. LLC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF AP-VISIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, AP-VISIONS, LLC makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does AP-Visions LLC make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE OR PROHIBITED BY LAW, AP-VISIONS, LLC PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AP-VISIONS LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF AP-VISIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
User agrees, at User’s expense, to indemnify, defend and hold harmless AP-VISIONS, LLC, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and AP-VISIONS, LLC shall be governed by and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a court of competent jurisdiction sitting in Collier County, Florida. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.