Please read this document carefully before accessing or using Aukua Systems' website. These Terms of Use govern your use of and access to Aukua Systems' website (the "Website") and any resources, features, functionality, or services made available through the website (collectively known as "Services"). By accessing this Web Site, you acknowledges acceptance of these terms and conditions. We reserve the right to modify, suspend, or discontinue the Website or Services (or any part thereof) with or without notice to you. You agree that Aukua Systems shall not be liable to you or to any third party for any claim or loss related to or arising out of your use of the Website or Services, or any such modification, suspension, or discontinuance of the Services.
YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO YOUR UNCONDITIONAL ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. We reserve the right to revise the Terms of Use from time to time, without prior notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes. We may post additional terms, conditions, rules or requirements related to the Website and/or Services, and all such terms, conditions, rules, or requirements shall be incorporated into these Terms of Use.
This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks and logos (collectively "Content"), are owned by or licensed to Aukua Systems and protected by copyright. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website, including, without limitation, utilizing, copying, distributing, re-publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content.
The Website and/or Service may contain links to third-party websites not under our control or operation. Your use of any such third-party websites and/or content is at the user's own risk and shall be conditioned upon such third party website's terms and conditions. Aukua Systems provides these links merely as a convenience and is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites.
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Website and its Content and the Services. To the extent that any applicable taxes, duties, or other fees apply to your use of the Website or the Services, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any such information to any applicable government agencies, all without liability to you. You agree that you will not, and you will not encourage or assist others to, use the Website or the Services in any way to specifically circumvent proper and authorized use of our Website and its functionality, to interfere with or disrupt the Services or servers or networks connected to the Services, or violate any applicable local, state, national, or international law.
Aukua Systems shall have the right to terminate your use of the Website and/or the Services any time for any reason, including, but not limited to, your breach of these Terms of Use or your violation of any law, including, without limitation, violations of intellectual property rights or violations of other applicable laws and regulations. Following any such termination, Aukua Systems shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that Aukua Systems terminates your use rights, Aukua Systems shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs, and liabilities occasioned by such breach or violation.
AUKUA SYSTEMS PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AUKUA SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF, UNLESS OTHERWISE SPECIFIED IN WRITING.
AUKUA SYSTEMS SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE AND THE INFORMATION, CONTENT, SERVICES AND MERCHANDISE PROVIDED VIA THE WEBSITE. AUKUA SYSTEMS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR PURCHASE OR USE OF PRODUCTS, SERVICES, OR MERCHANDISE VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY, OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF AUKUA SYSTEMS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY AUKUA SYSTEMS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AUKUA SYSTEMS TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the state of Texas, without regard to its conflicts of laws principles. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN TRAVIS COUNTY, TEXAS), YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE WEBSITE, THE SERVICES, AND/OR THESE TERMS OF USE WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Aukua Systems and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Aukua Systems prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law, or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in Travis County, Texas, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. All rights and obligations of Aukua Systems under these Terms of Use are freely assignable by Aukua Systems in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time.