Terms of Use

Effective: November 05, 2015

 

The  http://myapplemarket.com/  website and any derivative website on which these Terms of Use are posted areowned and operated by AssociatedWholesale Grocers, Inc., a Kansascorporation (“Company”).  Companyhas adopted these Terms of Use (“Terms of Use” or “Agreement”) to make youaware of the terms and conditions of your use of the  http://myapplemarket.com/  website, any derivative websites on which these Terms of Use are posted and anyContent, or other products or services that are offered or provided via theaforementioned websites (collectively, the “Website”).  Inathe event that you purport to be the agent of, represent, or otherwise act onbehalf of an entity or any other person, references to “you,” “your” or “User”shall include such entity or person in addition to you, and your acceptance ofthis Agreement shall constitute acceptance on behalf of such entity or person.


Company reserves theright, at its discretion, to change, modify, add or remove portions of theseTerms of Use at any time by posting such changes to this page.  In addition, if you have previouslyregistered an account, Company will endeavor to notify you of such changes viathe email address you provided to Company. You understand that you have the affirmative obligation to check theseTerms of Use periodically for changes, and you hereby agree to periodicallyreview these Terms of Use for such changes. Your continued use of the Website following the posting of changes tothese Terms of Use will constitute your acceptance of those changes.  The most current version of these Terms ofUse can be reviewed at  http://myapplemarket.com/ .


Byusing OR OTHERWISE ACCESSING the Website, creating, registering or accessing anaccount, posting or downloading Content, or any other information to or fromthe Website, purchasing any products or services via the Website or manifestingyour assent to these Terms of Use in any other manner, you hereby UNEQUIVOCALLYAND expressly agree to, and shall be subject to, these Terms of Use.  If you do not UNEQUIVOCALLY agree to theseTerms of Use, you may not use OR OTHERWISE ACCESS the Website, create, registeror access an account, post or download Content, or any other information to orfrom the Website or purchase any products or services via the Website.


General Terms of Use and Restrictions onUse


Company hereby grants youa limited, nonexclusive, nonassignable, nontransferable license to access anduse the Website solely for your ownpersonal, non-commercial purposes, subject to your agreement to,compliance with and satisfaction of these Terms of Use.  All rights not otherwise expressly granted bythese Terms of Use are reserved by Company. If you do not comply with the Terms of Use at any time, Company reservesthe right to revoke the aforementioned license(s), limit your access to theWebsite or restrict your ability to post or download Content.  You agree not to reproduce, duplicate, copy,distribute, transmit, sell, trade, resell or exploit for any purpose anyportion of or any information from the Website. You may not obscure or remove any proprietary rights notices containedin or on the Content.  You are solelyresponsible for providing, maintaining and ensuring the compatibility of allhardware, software, electrical, and other physical requirements necessary foryour access to and use of the Website or any part thereof.


Company may discontinue oralter any aspect of the Website, remove Content from the Website, restrict thetime the Website is available or restrict the amount of use permitted atCompany’s sole discretion and without prior notice or liability.  You agree that Company may, under certaincircumstances, immediately suspend and/or terminate your access to the Websiteor any part thereof.  Cause for suchmeasures shall include, without limitation: (a) breaches or violations of theseTerms of Use or other incorporated agreements or guidelines; (b) discontinuanceor material modification to the Website; (c) unexpected technical or securityissues or problems; (d) extended periods of inactivity; and/or (e) engagement byyou in fraudulent or illegal activities. You further agree that such measures shall be taken in Company’s solediscretion and without liability to you or any third party.


For purposes of theseTerms of Use, references to “post” or “posting” shall refer to any manner ofposting, transmitting, uploading, providing, and making available or otherwisetransferring material or information.

 

Company Intellectual Property


Unless otherwisespecifically noted in these Terms of Use, images, trademarks, service marks,logos and icons displayed on the Website, are the property of Company and/orits licensors and may not be used without Company’s prior written consent.  Trademarks owned by third parties are theproperty of those respective third parties. The Website is the copyrighted property of Company, and it may not bereproduced, recreated, modified, accessed or used in any manner or disseminatedor distributed to any other party in violation of these Terms of Use.  Any unauthorized use of any Content, whetherowned by Company or other parties, may violate copyright laws, trademark laws,privacy and publicity laws and communications regulations and statutes.  You will not copy, reverse engineer,disassemble, decompile, translate, modify, reproduce, republish, transmit,sell, offer for sale, disseminate or redistribute the intellectual propertyfound in the Website or any part thereof or grant any other person or entitythe right or access to do so. 

 

Accounts


For certain aspects of theWebsite, you may be asked to register an account.   In the event you agree to register anaccount, you will select and/or receive a username and password upon providingregistration information and successfully completing the registration process.   This account is personal to you, and you willnot share it or allow any other person to utilize your account.   You are responsible for maintaining theconfidentiality of your username and password and are fully responsible for allactivities that occur under your username and password.   You agree to immediately notify Company inthe event (a) your registration information changes, or (b) you learn of orhave reason to suspect any unauthorized use of your account or any other breachof security.   You also agree that youwill provide truthful and accurate information during the registrationprocess.   Company may refuse to grant aparticular username to you for any reason, including, without limitation, inthe event Company determines that such username impersonates someone else, isprotected by trademark or other proprietary right law or is vulgar or otherwiseoffensive.

 

Content


You acknowledge that theWebsite may contain or provide access to information, software, photos, video,text, graphics, music, sounds or other material provided by Company or thirdparties (collectively, “Content”) that are protected by copyrights, patents,trademarks, trade secrets or other intellectual property laws, and that theserights are valid and protected in all forms, media and technologies existingnow or hereafter developed.   For the avoidance of doubt, references toContent shall include User Content.


The Content posted byusers via the Website, other than Feedback (defined below), (“User Content”) isthe intellectual property of the specific users of the Website who post suchUser Content and their licensors, if any.   Company does not claim any ownership rights in such User Content.   By posting User Content via the Website,however, you hereby grant to Company a limited, transferable, nonexclusive,worldwide, perpetual, irrevocable, royalty-free license to use, reproduce,modify, edit, adapt, publish, translate, display, distribute, sell, sublicenseand create derivative works and compilations incorporating such User Content.


Company does not generallymonitor or otherwise remove User Content after it is posted on the Websiteexcept under certain limited circumstances as required or permitted by law orotherwise in the sole discretion of Company.   In the event you would like to request that Company remove your UserContent from the Website, please contact Company at  marketing@awg.com .   Please note however, that if Company agrees,in its sole discretion to remove your User Content, such User Content may notbe completely removed or may otherwise still be available to others in thefollowing circumstances: (a) your User Content has been incorporated intoderivative works or compilations created by Company or other parties; (b) suchUser Content has been retained in Company’s data backup systems or for archivalpurposes; or (c) to the extent such User Content has been sold to or downloadedby other persons and such persons retain your User Content.

 

Feedback


Company welcomes yourcomments, feedback, information, or materials regarding the Website, Content orCompany’s products or services (collectively, “Feedback”).  If you submit Feedback to Company, pleasenote that your Feedback shall become the property of Company.  By submitting your Feedback to Company, youagree to assign, and hereby irrevocably assign to Company, all right, title,and interest in and to the Feedback and all copyrights and other intellectualproperty rights embodied in such Feedback on a worldwide basis.  Company shall be free to use your Feedback onan unrestricted basis.  You hereby assignand/or waive, as the case may be, any moral rights that you may have in or tothe Feedback.


Company’s Privacy Policy


Company collects, stores, anduses data collected from you in accordance with Company’s Privacy Policy,located at  Privacy Policy .  The terms and conditions of the PrivacyPolicy are hereby expressly incorporated into these Terms of Use.

 

Links


The Website may provide, orthird parties may provide, links to other websites or resources on theInternet.   Because Company has no controlover such websites or resources, you acknowledge and agree that Company is notresponsible for the availability of such external websites or resources, andCompany does not endorse and is not responsible or liable for any Content,advertising, products, or other materials on or available from such websites orresources or for any privacy or other practices of the third parties operatingthose websites or resources.   You furtheracknowledge and agree that Company shall not be responsible or liable, directlyor indirectly, for any damage or loss caused or alleged to be caused by or inconnection with your use of or reliance on any such Content, goods or servicesavailable on or through any such website or resource.   Company strongly encourages you to review anyseparate terms of use and privacy policies governing use of these third partywebsites and resources.

 

User Representations


You hereby represent andwarrant to Company that: (a) you (i) areover the age of eighteen (18), (ii) are an emancipated minorunder the laws of your jurisdiction of domicile and/or residence, (iii) possesslegal parental or guardian consent or (iv) otherwise have the power andauthority to enter into and perform your obligations under this Agreement; (b)all information provided by you to Company is truthful, accurate and complete;(c) you are an authorized signatory of the credit or debit card or other methodof payment that you provide to Company or its third-party payment processor topay the purchase price and any applicable fees or taxes related to yourpurchases of products and/or services via the Website; (d) you will comply withthe terms and conditions of these Terms of Use and any other agreement to whichyou are subject that is related to your use of the Website, Content or any partthereof; (e) you have provided and will maintain accurate and completeregistration information with Company, including, without limitation, yourlegal name, email address and any other information Company may reasonablyrequire; (f) your access to and use of the Website or any part thereof and/orpurchase and use of any products or services will not constitute a breach orviolation of any other agreement, contract, terms of use or any law orregulation to which you are subject; (g) you will immediately notify Company inthe event that you learn or suspect that your registration information,username or password has been disclosed or otherwise made known to any otherperson; and (h) you will not usethe Website in order to gain competitive intelligence about Company, theWebsite or any product or service offered via the Website or to otherwisecompete with Company or its affiliates.

 

In the event that you postany User Content or provide any Feedback via the Website, you hereby make thefollowing additional representations and warranties to Company: (1) you areowner of such User Content or Feedback or otherwise have the right to grantCompany the licenses or assignments granted pursuant to this Agreement; (2) youhave secured any and all consents necessary to post the User Content orFeedback and to grant the foregoing licenses or assignments; (3) the UserContent or Feedback does not violate the rights of any third party, including,without limitation, the intellectual property, privacy or publicity rights ofany third party, and such User Content or Feedback does not contain anypersonally identifiable information about third parties in violation of suchparties’ rights; (4) the use of any User Content or Feedback will not result inharm or personal injury to any third party; and (5) all factual informationcontained in the User Content or Feedback is true and accurate.

 

Mobile Services


If you opt-in to receive wirelessservices, you must expressly consent to receive wireless messages, and youagree to be bound by these Mobile Services Terms.   Mobile Services are available to adults 18years or older who live in the United States and are void where prohibited.

 

Mobile Services are available to numerous, but notall, US wireless service providers and geographic regions.  Company is not liable for delays in yourreceipt of any Mobile Services or related messages, as delivery depends on theeffective transmission from your carrier or network operator. Please contactyour wireless carrier for any questions regarding your SMS service.

 

As part of your registration Company may request your telephonenumber, a wireless email address, the carrier's name, your preferences regardinggoods and services, or other similar information.  We may use such information in accordance withour  Privacy Policy .

 

Most wireless transmissions are not secured.  Therefore, you agree that Company is notliable to you for any damages caused by a third party's interception of suchtransmissions.

 

Your mobile carrier’s rates will apply.  All charges are billed by and payable to yourmobile service provider.  Company doesnot charge you for sending or receiving text messages to or from the numberprovided on our mobile device invite.  Byregistering for Mobile Services, you agree that you may be charged by yourwireless carrier for any messages that you send to or receive from Company andthat you are solely responsible for such charges.  Contact your wireless carrier if you have anyquestions about your wireless service.

 

If you have any questions about your selected MobileService(s), you may either (a) text "HELP" to the designatedtelephone number provided on our Mobile invite, or (b) contact us at  marketing@awg.com .

 

To discontinue receiving any Wireless MarketingService(s) from Company at any time, you may either (a) text "STOP"to the designated telephone number provided on our Mobile invite, or (b)contact us at  http://myapplemarket.com/contactus .

 

Company may, in its sole discretion and withoutliability to any person, terminate or modify any or all specific MobileServices at any time without notice.  Inits sole discretion, Company may announce changes in Mobile Services on thisSite or elsewhere.

 

ProhibitedUses


You are solely responsible for any and all acts andomissions that occur under your account or password, and you agree not toengage in unacceptable use of the Website or any part thereof or any UserContent that you may sell or purchase via the Website, which includes, withoutlimitation: (a) use of the Website to post, store or disseminate material orinformation that, is or to a reasonable person may be false, fraudulent,unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory,libelous, harassing, invasive of another’s privacy, offensive, vulgar,threatening, malicious, hateful or racially, ethnically or otherwiseobjectionable; (b) use of the Website to post, store or disseminate Content,files, graphics, software or other material or information that actually orpotentially infringes the rights of any person, including, without limitation,the copyright, trademark, patent, trade secret or other intellectual propertyrights, or privacy, moral or publicity rights, of any person; (c) use of theWebsite to interfere, disrupt or attempt to gain unauthorized access to otheraccounts on the Website, to restricted portion of the Website, to Content, orany other computer network or equipment; (d) use of the Website to post, storeor disseminate viruses, Trojan horses or any other malicious code or programsdesigned to interrupt, destroy or limit the functionality of any computersoftware, hardware, system or telecommunications equipment; (e) use of theWebsite to post, store or disseminate any unsolicited or unauthorizedadvertising, promotional materials, junk mail, spam, chain letters, pyramidschemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software,devices or other processes to “crawl” or “spider” any web pages contained inthe Website (including, without limitation, the use of robots, bots, spiders,scrapers or any other means to extract pricing, product, service or other datafrom the Website); (g) use ofthe Website to gain competitive intelligence about Company, the Website or anyproduct or service offered via the Website or to otherwise compete with Companyor its affiliates; (h) framing or otherwise simulating the appearance orfunctions of the Website or any portion thereof; (i) harvesting or otherwisecollecting any information about other users, including, without limitation,email addresses or other contact information of other users; or(j) use of the Website to engage in any activity that, as determined byCompany, may intentionally or unintentionally violate these Terms of Use, violateany applicable laws or regulations or conflict with the spirit or intent ofthese Terms of Use.



Disclaimer

 

Company uses reasonableefforts to maintain the Website, but Company is not responsible for any defectsor failures associated with the Website, any part thereof, any Content postedusing the Website, or any damages (such as lost profits or other consequentialdamages) that may result from any such defects or failures.  The Website may be inaccessible or inoperablefor any reason, including, without limitation: (a) equipment malfunctions, (b)periodic maintenance procedures or repairs which Company may undertake fromtime to time, or (c) causes beyond the control of Company or which are notforeseeable by Company. 

Companydoes not control the User Content posted by its users, nor does it have anyobligation to monitor such User Content for any purpose.  Despite the fact that it has no monitoringobligations, Company reserves the right to remove any and all material that itfeels is actually or potentially inappropriate, offensive, illegal or harmfulin any respect or which may otherwise violate these Terms of Use.  Because the User Content offered via theWebsite is provided by other users, and because Company does not monitor orexercise control over the User Content, Company does not make any warranties orrepresentations regarding any of the User Content offered via the Website orthe quality thereof.  Company does notnecessarily approve, endorse, sanction, encourage, verify or agree with anymessage posted by its users or otherwise embodied in the Content.  You understand that by using the Website, youmay be exposed to Content that may be offensive, indecent, vulgar, defamatoryor otherwise objectionable, and that in no way shall Company be liable underany theory for such exposure.

Companyis not a backup service for storing User Content, and Company shall have noliability regarding any loss of User Content. You are solely responsible for creating backups of any User Content youpost using the Website.


PLEASE NOTE THE FOLLOWING IMPORTANTDISCLAIMERS OF WARRANTIES:


TOTHE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT, AND ANY PRODUCTSOR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,”AND AT YOUR SOLE RISK.  TO THE MAXIMUMEXTENT ALLOWED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLEAND NON-INFRINGEMENT.

WITHOUTLIMITATION, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANYPRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THATUSE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THATTHE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUNDTHEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT,PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITEWILL MEET YOUR EXPECTATIONS.  

ANYCONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THEUSE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTSFROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE ORINFORMATION, OBTAINED BY YOU THROUGH THE WEBSITE OR ANY PRODUCT SHALL CREATEANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

 

Limitation of Liability

TOTHE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THATCOMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES(EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY CONTENT,OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE; (B) THE COST OFPROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS,DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR(D) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY CONTENT, OR THE PURCHASE OFCOMPANY’S PRODUCTS OR SERVICES.  IF YOUARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TODISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITHITS TERMS.  TO THE MAXIMUM EXTENT ALLOWEDBY LAW, IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOTLIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,FOR ACCESSING THE WEBSITE, PURCHASING ANY CONTENT OR PURCHASING COMPANY’SPRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY COMPANY FOR PROVIDING THESERVICES.

SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES.  ACCORDINGLY, SOME OF THE ABOVELIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification


Youagree to defend, indemnify and hold harmless Company, its officers, members,directors, employees and agents from and against any and all claims,liabilities, damages, losses or expenses, including attorneys’ fees and costsand expenses, arising out of or in any way connected with (a) your access to oruse of the Website or any part thereof, (b) any User Content you post via theWebsite, (c) a breach or alleged breach by you of any of your representations,warranties, covenants or obligations under this Agreement, (d) infringement ormisappropriation of any intellectual property or other rights of Company orthird parties by you, (e) any negligence or willful misconduct by you, (f) anyother claim related to your performance under this Agreement, or (g) your useof any Content, services or products provided by Company.

 

Term and Termination

ThisAgreement is effective upon your unequivocal acceptance as set forth herein andshall continue in full force until terminated.   You agree that Company, in its sole discretion, may terminate your useof the Website or any part thereof upon prior notice, and remove and discardany Content, in the event you violate these Terms of Use.   You agree that Company may immediatelysuspend your account and your access to the Website or any part thereof inorder to conduct an investigation in the event it believes you have violatedthese Terms of Use or if it determines that you are a repeat infringer ofanother’s intellectual property or other rights.   Company may also, in its sole discretion andat any time, discontinue providing the Website, any part thereof, any Contentor any products or services advertised thereon, with or without notice.   In addition to any other method oftermination or suspension provided for in this Agreement, Company reserves theright to terminate this Agreement at any time and for any reason upon ten (10)days’ notice to you.   Further, you agreethat Company shall not be liable to you or any third-party for any terminationor suspension of your access to the Website or any part thereof, removal ofContent or sale of any products.   You mayterminate this Agreement at any time by immediately discontinuing all access tothe Website and by providing notice to Company of such discontinuance.   Termination or cancellation of this Agreementshall not affect any right or relief to which Company may be entitled at law orin equity.   Upon termination of thisAgreement, you shall terminate all use of the Website and any Content providedthereby.   In the event of termination,you will not be entitled to any refund of any fees or other charges, if any,paid in connection with this Agreement.

 

Governing Law and Other MiscellaneousTerms

Theparties and their respective personnel are and shall be independentcontractors, and neither party by virtue of this Agreement shall have anyright, power or authority to act or create any obligation, express or implied,on behalf of the other party. 

You acknowledge and agree that any expenses that youincur in furtherance of this Agreement are voluntary in nature and are madewith the knowledge that this Agreement may be terminated as providedherein.  You shall not make a claimagainst Company, and Company shall not be liable with respect to the recoupmentof any expenditures or investment made by you in anticipation of the continuationof this Agreement beyond the term hereof.

Theparties agree that breach of the provisions of this Agreement would causeirreparable harm and significant injury to Company which would be bothdifficult to ascertain and which would not be compensable by damagesalone.  As such, the parties agree thatCompany has the right to enforce the provisions of this Agreement by injunction(without necessity of posting bond), specific performance or other equitablerelief without prejudice to any other rights and remedies Company may have foryour breach of this Agreement.

The validity and effect ofthese Terms of Use shall be governed by, and construed and enforced inaccordance with the laws of the Stateof Kansas, without regard to its conflicts or choice of lawsprinciples.  ANY SUIT, ACTION ORPROCEEDING CONCERNING OR RELATING TO THE WEBSITE, ITS USE, THESE TERMS OF USE,ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF COMPANY, MUST BEBROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF KANSAS, AND YOU HEREBYIRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATEAPPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOUIRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANYOBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANYSUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTIONOR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN ANINCONVENIENT OR IMPROPER FORUM. 

Ifany action at law or in equity is necessary to enforce the terms of thisAgreement, the prevailing party will be entitled to reasonable fees ofattorneys, accountants and other professionals, and costs and expenses inaddition to any other relief to which such prevailing party may be entitled.

Thecaptions and headings of this Agreement are included for ease of reference onlyand will be disregarded in interpreting and construing this Agreement. 

Ifthe performance of any part of this Agreement by either party (other thanpayment of money) is prevented, hindered, delayed or otherwise madeimpracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, actof God, telecommunications failure or any other cause beyond the control ofeither party, that party shall be excused from such performance to the extentthat it is prevented, hindered or delayed by such cause. 

This Agreement, including any other agreements oradditional terms referenced herein, constitutes the complete and exclusivestatement of the Agreement between the parties with respect to the Website,Content, and products and services offered via the Website, and, unlessotherwise expressly provided herein, it supersedes any and all prior orcontemporaneous communications, representations, statements and understandings,whether oral or written, between the parties concerning the Website, Content,and products and services sold via the Website. If any provision of this Agreement is found unlawful or unenforceable inany respect, the court shall reform such provision so as to render itenforceable or, if it is not possible to reform such provision so as to make itenforceable, then delete such provision. As so reformed or modified, the court shall fully enforce thisAgreement.  The provisions of thisAgreement that by their content are intended to survive the expiration ortermination of this Agreement, including, without limitation, provisionsgoverning ownership and use of intellectual property, representations,disclaimers, warranties, liability, indemnification, governing law,jurisdiction, venue, remedies, rights after termination and interpretation ofthis Agreement, will survive the expiration or termination of this Agreementfor their full statutory period.

The United Nations Convention on Contracts for theInternational Sale of Goods and the Uniform Computer Information TransactionsAct shall not apply to this Agreement.

Company makes no representation that the Website,Content or other material or information on the Website is appropriate to oravailable in locations outside of the United States.  You may not use the Website or export Contentin violation of United States export laws, regulations or restrictions.  If you access the Website from outside of theUnited States, you are responsible for compliance with all applicable laws.


Copyright and Copyright Notices

Company respects theintellectual property of others, and we ask our users to do the same.  If you believe that your work has been copiedin a way that constitutes copyright infringement, please provide Company’sCopyright Agent the following information:

·         an electronic orphysical signature of the owner or person authorized to act on behalf of theowner of the copyright interest;

·         a description ofthe copyrighted work that you claim has been infringed;

·         a description ofwhere the material that you claim is infringing is located on the Websitesufficient to

allow us to locate the allegedly infringing material;

·         your address,telephone number, and email address;

·         a statement byyou that you have a good faith belief that the disputed use is not authorizedby the copyright owner, its agent, or the law; and

·         a statement byyou, made under penalty of perjury, that the above information in your noticeis accurate and that you are the copyright owner or authorized to act on thecopyright owner’s behalf.

Please contact Company’sCopyright Agent for Notice of Claims of copyright infringement at:  marketing@awg.com .   Copyright owners and agents acknowledge thatfailure to comply with all of the requirements of the foregoing may result inan invalidity of the DMCA notice.

 

Counter-Notice.  If you believe that the User Content that wasremoved (or to which access was disabled) is not infringing, or that you haveauthorization from the copyright owner, the copyright owner’s agent, orpursuant to the law, to post and use the User Content, you may send acounter-notice containing the following information to the Copyright Agent:

 

·         your physical orelectronic signature;

·         identification ofthe User Content that has been removed or to which access has been disabled andthe location at which the User Content appeared before it was removed ordisabled;

·         a statement thatyou have a good faith belief that the User Content was removed or disabled as aresult of mistake or a misidentification of the User Content; and

·         your name,address, telephone number, and e-mail address, a statement that you consent tothe jurisdiction of the federal court in the State of Kansas and a statement that you will accept serviceof process from the person who provided notification of the allegedinfringement.

 

If a counter-notice is received by the CopyrightAgent, Company may send a copy of the counter-notice to the original complainingparty informing that person that it may replace the removed User Content orcease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order againstthe person providing such User Content, the removed User Content may bereplaced, or access to it restored, in ten (10) to fourteen (14) business daysor more after receipt of the counter-notice, at Company’s sole discretion.