Aellius General Terms and Conditions of Use
Last Updated May 18, 2015. Replaces any previous version of Terms/Terms and Conditions in its entirety.
This website belongs to Aellius Professional Research & Consulting, LLC, dba Aellius (“Aellius”), a Colorado Limited Liability Company founded in 1999 with primary offices in Englewood, Colorado and Parker, 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) as well as services that are offered on our website (collectively, “Services”). Software that is included as part of the Services, including applications, files, scripts, tools, forums, and any documentation (collectively, “Software”) is also covered by these terms and conditions. By using the website, Software, and/or 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 us (including but not limited to a Non-Disclosure Agreement, End User License Agreement, Partnership Agreement, and/or Software Maintenance and Support Addendum), then the terms of that executed agreement shall supersede the terms of this agreement in the event of a conflict. If you do not agree with all of the terms detailed herein, you must exit immediately and you may not use the website or Services (including Software) at any time.
Your continued use of the 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 our Services or Software. 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 Services and/or Software after revisions are made shall constitute your acceptance of the revised terms.
You may only use the website and Services if both of the following statements are true about you:
- You are over 13 years old, and
- You are allowed by law to enter into a binding contract.
The website 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.
You agree that your use of the Services and Software is solely at your own risk. The Services and Software 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 Services and Software warrant that content or operation of the Services and Software will be accurate, reliable, uninterrupted, or defect free. No agent or representative has the authority to create any warranty regarding the Services or Software on behalf of Aellius. Aellius reserves the right to change, delete, or discontinue any aspect, feature, or portion of the Services at any time, without notice and without liability to any party.
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 Services or any internet site linked to or from the Services.
Aellius strives to maintain the accuracy of this website and to maintain its operation; however, Aellius shall at no time be responsible for any defects that may exist in the website or its 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 website will meet the user’s requirements, b) access to the website will be uninterrupted, secure, or be delivered with specific performance/timeliness, c) the website shall be free of viruses, trojan horses, or other malware, or that d) the material on the website 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 website, Services, and Software.
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 WEBSITE, SERVICES, OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR SERVICES.
Failure by Aellius to enforce or exercise any of these Terms and Conditions shall not constitute a waiver of that that right or provision.
Aellius, the Aellius logo, Aellius LynX, LynX Business Integrator, LynX Output Manager, LynX Monitor, and XForm 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 website or has a valid right or royalty-free license from a third party to use material on the website. No part of the website 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 website, Services, or Software 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 of all rights and interest in the Services and Software.
Aellius respects the Intellectual Property Rights of others and we expect users of the Services and Software 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.
The 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.
You agree to behave with a high degree of professionalism, courtesy, and ethics at all times while using the 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 Services, Software, 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 Services or Software 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 Services or Software using your account information.
- You must not attempt to access the Services by any method other than that specified by Aellius.
- You must not attempt to access Services or Software other than those you are currently licensed for or those generally available without login on the website.
- 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 Services or Software 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) or any employee of another company to access the Services or Software 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 Services.
- You must not remove any notice of copyright, logo, product name or any other mark of ownership on any portion of the Services or Software, and you may not at any time place any advertisement or any company’s solicitation for business or employment within the Services.
- You may not attempt to directly access the databases or servers associated with the Services, nor attempt to use any type of data mining or data extraction while using the Services.
Termination of Access
Aellius, at its sole discretion may at any time and for any reason discontinue providing (or limit) access to the 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 Services, regardless of whether prior notice was given.
In the event of termination, you are no longer authorized to access the Services (including the 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 this website may give rise to a claim for damages and/or may constitute a criminal offense.
Export Control Laws
The Services and Software (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 Services and Software.
Any legal issues related to the use of this website, the Services, or Software shall be governed according to the laws of the State of Colorado in the United States of America.
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.
Aellius respects your privacy. We will use information collected from you for the purposes of communication, marketing, business transactions, providing services, legal purposes, or to allow our authorized resellers to do the same. Aellius does not engage in the business of selling information collected on our website.
If you receive Marketing emails from Aellius and would prefer to no longer receive them, you should click the Unsubscribe link within the email or reply to the email with “Unsubscribe” as the subject. Aellius will make reasonable efforts to ensure that you are not contacted further upon receiving an Unsubscribe request.