Terms and Conditions of Viewing and Use
The Websites are a complimentary information service offered by The Apogee Foundation (the "Foundation") at no charge to you as a user of the World Wide Web with the express condition that you agree to be bound by the terms and conditions set forth in this User Agreement. The Foundation reserves the right to change these terms and conditions any time, and you must consult the most recent version of this User Agreement each time you view any of the Websites. Do not access or use any of the Websites if you do not agree to all of the following terms and conditions:
1. You acknowledge that the information on each of the Websites is provided "as is" and for general information only. The Foundation makes no warranties of any kind regarding any of the Websites, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that any of their pages, or any of the servers that make them available, are free of viruses or other harmful elements, and any such warranties are expressly disclaimed.
2. You agree that you will hold harmless the company as well as Aurience Limited and all of their respective officers, directors, employees, consultants, agents, volunteers, benefactors, beneficiaries, associates and affiliates (collectively, "Releasees") from all claims arising out of or related to your access or use of, or your inability to access or use, any of the Websites or the information or materials contained in any of the Websites or any other website(s) to or from which any of the Websites may be linked from time to time, including but not limited to claims that you have found something you have heard, viewed, or downloaded from any of the Websites or any other website(s) to or from which any of them are linked to be offensive, defamatory, or infringing upon your intellectual property or other rights. In no event will any of the Releasees, the designers, developers or other contributors of materials or data to any of the Websites be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
3. You acknowledge that opinions and recommendations contained on the Websites are not necessarily those of the Foundation or of any of the other Releasees, nor are they necessarily endorsed by the company or any of the other Releasees.
4. The Foundation may provide links on any of the Websites to other websites which are not under the control of the company or any of the Releasees. These links are provided for convenience of reference only and are not intended as an endorsement by the Foundation or by any of the Releasees of any organization(s) or individual(s) operating any other website or of any views or materials presented there, and also are not intended and shall not be considered to as a warranty of any type regarding any website or the information or materials on any website, whether or not a link is provided thereto from any of the Websites.
5. The Foundation is incorporated in the State of New York in the United States of America. The Websites can be accessed from throughout the United States, European Union, and other countries around the world. Because each of these places has laws that may differ from those of company's jurisdictions of incorporation, by accessing any of the Websites you agree that the statutes and laws of the State of New York, United States of America, without regard to conflicts of law or choice of law principles thereof, will apply to all matters arising from or relating to use of the Websites. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the State of New York and the Federal District Court for the Southern District of New York with respect to such matters. The Foundation makes no representation that materials on any of the Websites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal or subject to any form of regulation which has not been complied with is prohibited. Those who choose to access any of the Websites from other locations do so solely on their own initiative and at their own risk and are fully and solely responsible for compliance with all laws.
6. All persons and institutions accessing or otherwise using any of the Websites for any purpose are subject to having their activities in relation thereto monitored and recorded or examined by any authorized person, including law enforcement, as the Foundation may deem appropriate in its sole discretion. In the course of monitoring individuals who are using the system improperly or in the course of system maintenance, the activities of users also may be monitored and recorded. Any material so recorded may be disclosed if required by applicable law or otherwise as the Foundation may deem necessary or appropriate.
7. Anyone accessing or otherwise using any of the Websites consents (without limitation) to all of the terms set forth in the User Agreement and site notices contained on the www.apogeefoundation.org website, and not merely those contained on this page, without reservation.