Aellius General Terms and Conditions of Use

Last Updated April 16, 2019. Replaces any previous version of Terms/Terms and Conditions in its entirety.

Ownership

This website belongs to Aellius Professional Research & Consulting, LLC, dba Aellius (“Aellius”), a Colorado Limited Liability Company founded in 1999 with primary offices in the state of Colorado in the United States of America.

Acceptance of Terms

The terms and conditions described herein govern your use of our website (including aellius.com, www.aellius.com, and all subdomains of aellius.com, collectively referred to as “The Sites”). Certain services and service-related software, including web applets, web files, scripts, web-related tools, support and maintenance site tools and downloads, forums and other components directly tied to the operation of web pages within The Sites, as well as publicly available documentation (collectively, “Web Services”) are also covered by these terms and conditions. By using The Sites and Web Services, you agree to all terms in this and all other current legal notices posted within this website. If you have executed another legal agreement with Aellius (including but not limited to a Non-Disclosure Agreement, End User License Agreement, Partnership Agreement, and/or Software Maintenance and Support Addendum) or are downloading and/or using an Aellius product governed by a “Click License”, then the terms of that Agreement, Addendum, or License shall supersede the terms of this agreement for the use of that Software Product (where applicable) and in any event of a conflict with these terms. If you do not agree with all of the terms detailed herein, you must exit The Sites immediately and you may not use The Sites or Web Services at any time.

Your continued use of The Sites and Web Services constitutes your agreement to all terms and conditions. Aellius may modify these terms or those in other legal notices posted on the website or add terms in the future for reasons that include, but are not limited to, changes to the law or changes to The Sites, Web Services, or future additions. In the event of changes, there will be a change to the “Last Updated” date indicated near the top of this notice. It is your sole responsibility to review the terms periodically, as your continued use of The Sites and Web Services after revisions are made shall constitute your acceptance of the revised terms.

Eligibility

You may only use the website and Services if both of the following statements are true about you:

• You are over 16 years old, and
• You are allowed by law to enter into a binding contract.

Availability

The Sites may reference products or services that are not available in your location. References to products and services do not imply nor should they be interpreted to mean that Aellius plans to make such products or services available in your location. If you have questions about future availability within your area, please use the Contact Us page to have a message routed to the appropriate person or department.

No Warranty

You agree that your use of The Sites and Web Services is solely at your own risk. The Sites and Web Services are provided “as is”, without warranty of any kind either express or implied. Neither Aellius nor any of its employees, agents, third party providers, licensors, partners, or other parties involved with providing The Sites and Web Services warrant that content or operation of the The Sites and Web Services will be accurate, reliable, uninterrupted, or defect free. No agent or representative has the authority to create any warranty regarding The Sites and Web Services on behalf of Aellius. Aellius reserves the right to change, delete, or discontinue any aspect, feature, or portion of the Web Services at any time, without notice and without liability to any party.

Indemnification

You agree to indemnify and hold harmless Aellius, its directors, officers, employees, and agents from and against any and all claims, damages, losses, and expenses (including attorneys’ fees) arising from breach of this agreement or any other legal agreement or use policy and/or from your use of The Sites and Web Services or any internet site linked to or from The Sites and Web Services.

Disclaimer

Aellius strives to maintain the accuracy of The Sites and Web Services and to maintain operations; however, Aellius shall at no time be responsible for any defects that may exist in The Sites and Web Services or their operation. Aellius disclaims all warranties of any kind, express or implied, of merchantability or fitness for any particular purpose, title, and non-infringement.

Aellius makes no warranty that a) the operation of The Sites and Web Services will meet the user’s requirements, b) access to The Sites and Web Services will be uninterrupted, secure, or be delivered with specific performance/timeliness, c) The Sites and Web Services shall be free of viruses, trojan horses, or other malware, or that d) the material on The Sites and Web Services is accurate or reliable at any time. Users assume the entire cost of any service, repair, or replacement for damages (whether direct or indirect) that may arise to hardware and software as a result of any of the aforementioned scenarios as well as any others that may arise as a result of your use of The Sites and Web Services.

Limitation of Liability

IN NO EVENT SHALL AELLIUS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION, IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO OR USE OF THE SITES, WEB SERVICES, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITES OR WEB SERVICES.

No Waiver

Failure by Aellius to enforce or exercise any of these Terms and Conditions shall not constitute a waiver of that that right or provision.

Intellectual Property

Aellius, the Aellius logo, Aellius LynX, LynX Business Integrator, LynX Office, LynX Output Manager, LynX Monitor, LynX XL, XForm and any other Aellius Software Product names mentioned on The Sites are the trademarked property of Aellius. All other brand names and trademarked items are the property of their respective owners. Aellius at all times owns the copyright for all of the material on The Sites or has a valid right or royalty-free license from a third party to use material on The Sites. No part of The Sites or Web Services may be copied, uploaded, reproduced, republished, used for other purposes, or distributed in any way, except that you may make one printed copy of the materials for your personal, non-commercial use as long as you keep all copyright, logo, trademark, or other Aellius marks and notices on the materials. Competitive firms and independent contractors who develop similar products or serve the same markets as Aellius are strictly prohibited from making any copies or screen shots of any portion of The Sites, Web Services or any Aellius Software Product at any time. Violation of this provision may result in severe criminal and/or civil penalties.

Aellius (and its licensors, where applicable) shall at all times remain the sole owner(s) of all rights and interest in The Sites and Web Services and Aellius Software.

Aellius respects the Intellectual Property Rights of others and we expect users of The Sites and Web Services to do the same. If you believe that Aellius has violated any other firm’s Intellectual Property Rights, please contact us on the “Contact Us” page with details and include your name and the name of your company. If possible, please make a screen shot of what you believe is improperly used or credited, and forward to us if requested after your initial contact. Aellius is committed to resolving any such issue in a timely manner.

Links to Other Sites

The Sites and Web Services may at times include links to other websites. Such links are provided for convenience and/or to provide further information and are provided “as is”. Aellius does not guarantee the links nor their usability for any purpose, and Aellius shall not bear any responsibility for the content of the linked website(s). Further, any links provided do not signify any endorsement by Aellius for the website(s) or products to which they correspond.

User Conduct

You agree to behave with a high degree of professionalism, courtesy, and ethics at all times while using The Sites and Web Services (including, but not limited to, forums, support sites, or other portions that involve interacting with other members of the community or Aellius staff). You agree to not misuse The Sites and Web Services or content (including audio-visual content). For example:

• You must NOT copy, modify, reassign licenses, attempt to discover source code for, decompile, or use any portion of The Sites and Web Services for any purpose other than the specific purpose described on the website.
• You must never share your login information with anyone else or allow others to use The Sites and Web Services using your account information.
• You must not attempt to access The Sites and Web Services by any method other than that specified by Aellius.
• You must not attempt to access areas within The Sites and Web Services designated specifically for Licensees other than those you are currently licensed for or have written permission from Aellius to access or those generally available without login on The Sites.
• You must not copy, share, or engage in any behavior that violates any company’s Intellectual Property Rights (includes copyright, trademarks, logos, trade secrets, specific “know how”, source code, documentation, and any other proprietary content).
• You must not engage in any activity that would harm The Sites and Web Services or that would introduce a virus or malware to any portion thereof.
• You must not allow any competitor of Aellius (including any independent contractor or developer) nor any employee of another company to access The Sites and Web Services using your credentials or other fraudulent methods while they are working within your company or at any other time.
• You must not interfere at any time with, intimidate, or harass other users who are lawfully using The Sites and Web Services.
• You must not remove any notice of copyright, logo, product name or any other mark of ownership on any portion of The Sites and Web Services, and you may not at any time place any advertisement or any company’s solicitation for business or employment within The Sites and Web Services.
• You may not attempt to directly access the databases or servers associated with The Sites and Web Services, nor attempt to use any type of data mining or data extraction while using The Sites and Web Services.

Termination of Access

Aellius, at its sole discretion may at any time and for any reason discontinue providing (or limit) access to The Sites and Web Services. You agree that Aellius shall not be liable to you or to any party for any termination or limitation of your access to The Sites and Web Services, regardless of whether prior notice was given.

In the event of termination, you are no longer authorized to access The Sites and Web Services (including the Aellius.com website); however, all restrictions imposed on you within this agreement, as well as all disclaimers (including disclaimer of a warranty of any kind) and limitations of liabilities shall remain in full force.

Unauthorized use of The Sites and Web Services may give rise to a claim for damages and/or may constitute a criminal offense.

Export Control Laws

The Sites and Web Services (and your use of them) are subject to the laws of the United States of America and to international laws, restrictions, and regulations that govern import and export of services and software. You agree to comply with all of the laws, regulations, and restrictions pertaining to export that may apply to The Sites and Web Services.

Jurisdiction

Any legal issues related to the use of The Sites and Web Services shall be governed according to the laws of the State of Colorado in the United States of America.

Severability

If any part of these Terms and Conditions is found to be legally unenforceable, such part shall be modified to make the Terms and Conditions legally enforceable. Apart from any part found unenforceable at a given time, the remaining entirety of the Terms and Conditions shall remain in full force.

Privacy and Data Protection

Aellius Privacy GDPR 2019