Your Acceptance of the Terms
Disclaimer of Warranty
USER EXPRESSLY AGREES THAT USE OF THE SITE AND ANY ITEMS OR LINKS DOWNLOADED OR ACCESSED THROUGH IT IS AT USER’S SOLE RISK. AEP inc WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT OR COMPLETENESS, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHERS EXCEPT THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER AEP inc, ITS SUBSIDIARIES AND AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND ACCESS TO THE MATERIAL CONTAINED WITHIN IT WILL BE UNINTERRUPTED,ERROR-FREE, OMISSION-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AEP inc DOES NOT GUARANTEE OR WARRANT THE SITE WILL BE UNINTERRUPTED NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK AND USER IS RESPONSIBLE FOR ALL DAMAGE OR LOSSES RESULTING FROM THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, VIRUSES, TROJANS OR OTHER HARM.
Linking to third party websites
Hyperlinks to third-party websites may be provided as a convenience to you in using the Site. Inclusion of links does not imply an endorsement. AEP inc does not control any third-party site and is not responsible for the contents of any linked-to third-party website. AEP inc will have no liability to any party for the content or use of the content available through such hyperlink.
Disclaimer of Damages and Limitation of Liabilities
Neither AEP inc nor its subsidiaries or affiliates shall under any circumstances be liable for any actual, direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Site, even if advised in advance of such damages or losses, to the maximum extent permitted by applicable law. In connection to this liability limitation, AEP inc maximum liability for all costs, expenses, damages, losses and causes of action, whether in contract, tort (including without limitation to negligence) or otherwise shall be US$100. Some jurisdictions do not allow limitations of liability which may apply to our disclaimers under the Terms. In such a case, you may have additional rights only to the extent allowed by law.
You agree to defend, indemnify, and hold AEP inc and its respective officers, directors, employees, and agents or contractors harmless from any and all demands, claims, damages, liabilities, expenses (including attorney’s fees) made against AEP inc by any third party due to or arising in connection with your actions or omissions, including your use of the Site, online conduct, or breach of the Terms. This includes but is not limited to the use of any of the content of the Site or use of links associated with the Site.
Copyright and Trademark
Copyrights, trademarks and all intellectual property rights in the content of the Site are vested in AEP inc except to the extent licensed by AEP inc in writing. You may use the content of the Site if it is used for information purposes only. Any copies or downloads of any content from the Site must include a notice that copyright in the relevant material is owned by AEP inc, and you should not alter any content of these downloaded materials without obtaining a written consent from AEP inc. Furthermore, nothing contained on the Site should be construed as conferring, by implication, estoppel or otherwise, any license or right to use any trademark or copyright of AEP inc without prior written permission of AEP inc. The use of any AEP inc logo or the name “AEP inc” may not be used in manner without the prior written permission of AEP inc, including in any advertising or publicity based on the use of the Site.
You may not:
interfere with any security-related features in the Site;
engage in any activity that interferes with or disrupts the normal operation of the Site (or the servers and networks which are connected to the Site), including, but not limited to, denial of service attempts, or by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
inject content or code or otherwise alter or interfere with the way any part of the Site is rendered or displayed in a user’s browser or device;
change, alter or modify any part of the Site for any reason;
launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses our Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
frame or deep link into any part of the Site;
access (or attempt to access) the Site by any means other than through the interfaces that are provided by AEP inc;
use of the AEP inc name or logo for a link unless authorized in advance by AEP inc in writing;
use the Site for any illegal or unauthorized purpose.
Governing Laws and Arbitration
The Site, the Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles. With respect to any and all disputes arising out of or in connection with the Site or the Terms, AEP inc and User agree that all disputes arising out of or in connection with the Site or the Terms will be settled exclusively through confidential binding arbitration in St. Louis, Missouri, in the English language, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated with our agreement and confirmed in accordance with the said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You also agree that AEP inc is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of the Terms pending a final arbitral decision.
Privacy laws incorporated by reference
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