Apenza Terms of products and services

The following terms of use apply to any visitor or user (hereinafter referred to as "User" or "You") of the web site www.apenza.com and any web sites that are hyper linked to and from the web site www.apenza.com (hereinafter singularly and collectively referred to as "the Site") that Apenza Digital Solutions or its subsidiaries (hereinafter singularly and collectively referred to as "Apenza") own and control, and to the products, services, resources, information, data, specifications, photographs, text, audio, video and other content displayed on the Site ("Material"). By using the Site, User acknowledges acceptance and agreement with the terms and conditions of use herein. If User does not agree with these terms and conditions, User must discontinue use of the Site immediately. Note that the use of certain Material or the conduct of certain transactions on the Site may be subject to additional terms and conditions that will be made available to User prior to using such Material or completing such transactions.

1. General Conduct & Limited Liability

1.1 User may access, display, and print one copy of the Material solely for User’s personal, internal, non-commercial use (“Use”), except as otherwise provided on the Site. No other use of the Material is authorized. User agrees that the copy of the Material shall retain all copyright, trademark and other notices in the same form and in the same manner as such notices appear on the Material or on the Site. User may not otherwise reproduce, modify, distribute, transmit, post, or publish the Material without Apenza’s prior written consent.
1.2 User understands and agrees that any Use of the Material is done at User’s own discretion and risk. User will be solely responsible for any damage to User’s network, software or computer system, or any loss of data that results from the use of the Site or the Material.
1.3 While visiting the Site, User shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse or other element destructive to the Site or any Apenza hardware or software accessible through the Site, or (f) a digital or manual signature, password, or other element impersonating an Apenza employee, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to Apenza's computers, software, data, accounts or databases.

2. Third Party Material

2.1 The Site may include Material owned by third parties, as well as links to web sites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at the User's own risk and Apenza is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material.
2.2 Apenza’s inclusion of Third Party Material on the Site shall not be construed as Apenza’s endorsement of any third party or the Third Party Material, and no rights or licenses are granted to User in the Third Party Material. User agrees to defend and hold Apenza harmless from any liability that may result from User’s use of the Third Party Material.

3. Intellectual Property

3.1 The Site and the Materials comprise Apenza and third party intellectual property, and are protected by United States and International laws. Except as otherwise provided herein, nothing contained herein shall be construed as granting any license or right to User under any patent, trademark, copyright or other intellectual property right of Apenza or any third party.
3.2 "Apenza" is a registered trademark of Apenza Digital Solutions. Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs ("Marks") provided in the Material or displayed on the Site are the property of Apenza or third parties, and no right to use such Marks is granted to User herein.

4. Disclosure; Forward-Looking Statements

4.1 Some Material may include statements that relate to future performance or projections, and can include, but are not limited to, statements regarding Apenza’s future financial or program performance, or Apenza’s future strategies or proposed business plans. Specifically, statements that are not historical facts, including statements accompanied by words such as "believe," "expect," "estimate," "intend," or "plan," variations of these words, and similar expressions, are understood by User to be forward-looking statements that convey the uncertainty of future events or outcomes. User understands that these statements are only predictions about future events, that such statements are based on certain assumptions at the time the statement is made, that they are subject to a wide range of risks and uncertainties, and that actual events or results may differ materially from such predictions.
4.2 User understands that many factors could cause actual results or events to differ from predicted results or events discussed in forward-looking statements, and that such factors can include, but are not limited to: differences in anticipated and actual program results; risks inherent with large long-term fixed price contracts, particularly the ability to contain cost growth; the ultimate resolution of contingencies and legal matters; the ability to realize anticipated cost efficiencies; the ability to finance ongoing operations at attractive rates; government customers' budgetary constraints; government import and export policies and other government regulations; termination of government contracts; financial and governmental risks related to international transactions; the ability to recruit and retain qualified employees; delays and uncertainties regarding the timing of the award of international programs; changes in government or customer priorities due to program reviews or revisions to strategic objectives; difficulties in developing and producing operationally advanced technology systems; economic, business and political conditions domestically and internationally; program performance and timing of contract payments; the performance of critical subcontractors and the ability to obtain adequate insurance; the timing and customer acceptance of product deliveries; and the impact of competitive products and pricing of such products. In view of the foregoing, User agrees that it will place no reliance on any forward-looking statements on the Site.
4.3 Apenza assumes no responsibility to provide updates to forward-looking statements after the date the statements are placed on the Site.

5. Accuracy and Timeliness of Information

Apenza assumes no responsibility to monitor the accuracy, completeness, timeliness or reliability of any Material on this Site. As such, Material may not be updated when errors are uncovered or as new information becomes available. User understands that certain Material, including, but not limited to, annual reports, SEC filings, press releases, and product information, may become stale or incomplete over time, and releases Apenza from any and all liability associated with same.

6. Submissions To The Site

Any information, feedback, links, or other material User submits to the Site (“Submissions”), will be considered non-confidential and User grants Apenza a non-exclusive, perpetual, worldwide, royalty-free license to use the Submissions in any way it chooses, subject to any limitations set forth in Article 10, “Privacy Policy”. Therefore, Apenza may, among other things, reproduce, transmit, distribute, adapt, perform, display and create derivative works from User’s Submissions, and sublicense others to do any of the foregoing activities. User agrees that its Submissions will meet all requirements for appropriate content in accordance with Section 1.3 above. Apenza reserves the right at any time and without notice, to refuse to receive, post or remove any Submission.

7. Compliance With Applicable Laws

The Site and the Material may be subject to Pakistan Laws, US laws and may also be subject to the laws of the country where you reside. User agrees to comply with all applicable laws, statutes, ordinances, and regulations regarding User’s use of the Site. Apenza makes no representation that the Site or the Material is appropriate or available for use in other jurisdictions. If User chooses to access this site from such a jurisdiction, User does so at its own risk. The laws of the Islamic Republic Of Pakistan, excluding choice of law principles, will govern and construe all issues relating to use of the Site and the Materials.

8. Disclaimers

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY SHALL Apenza, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE MATERIAL, ANY Apenza PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE MATERIAL PRESENTED, EVEN IF Apenza HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 ALL MATERIAL PROVIDED ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Apenza DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE INTERNATIONAL CONVENTION FOR THE SALE OF GOODS, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT ARE EXPRESSLY DISCLAIMED.

9. Indemnity

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Apenza, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) USE OF THE SITE OR THE MATERIAL, (B) BREACH OF THESE TERMS OF USE; AND/OR (C) USER'S SUBMISSIONS TO THE SITE.

10. Privacy Policy

10.1 Personally Identifiable Information Collected

To respond to User’s requests or to enable User to register on the Site or place an order with us, we may request such personally identifiable information as User’s name, residential or business address, email address, and/or telephone number. If User is ordering products or services, additional personally identifiable information may be requested. However, User does not need to provide us with personally identifiable information to use many of the features of the Site. The personally identifiable information will not be given out to third parties not affiliated with Apenza Digital Solutions. To the extent that User provides personally identifiable information to sites that link to or from the Site, User understands that different rules may apply to the use and disclosure of such personally identifiable information. To the extent that the Site includes third-party advertisements, User understands that the privacy policy of the advertiser providing the advertisement governs the use of any personally identifiable information collected during User’s access of the advertisement.
10.2 Types of Information Collected

A. IP Addresses
An internet protocol address is automatically assigned to User’s computer when User accesses the internet, and is used by web servers to identify User’s computer. When visitors access our Site, we may log the IP address; however, the visitor’s identity remains anonymous to us. We log the address for system administration and for auditing the use of the Site. We may also use the IP addresses to collect statistical information for marketing and other purposes.

B. Cookies
From time to time, we may place information on User’s computer to allow us to identify you. This information is known as a “cookie”. We will only use cookies to view information on User’s computer’s hard drive that was placed there by a cookie from our Site. However, a cookie will not allow our Site to learn any personally identifiable information that User has not otherwise disclosed (except as otherwise provided in Section 10.3B below). By understanding how and when our visitors use the Site, we can continually improve our Site, as well as our products and services. The use of cookies is an industry standard, and many web sites use them. If You wish to disable cookies, browser permitting, User’s browser can be reset to refuse all cookies or indicate when a cookie is being sent.

C. Web beacons
Web beacons are small files that we may place on the Site, which count the number of unique users that have visited a specific page on the Site and the number of times the page has been displayed. This information is collected only in the aggregate and is generally not linked to any personally identifiable information (except as may otherwise be provided for in Section 10.3B below).
10.3 Information Use

A. Use and Sharing of Information
Apenza and its affiliates may use any personally identifiable information You provide, unless otherwise indicated, and we will not provide your personally identifiable information to any other entity unless authorized by You. Anonymous data collected using cookies and web beacons may be analyzed in the aggregate to determine collective user characteristics, to understand user traffic patterns, sales information and user behavior on the Site. Such information also may be shared in the aggregate with third parties for advertising purposes, to enhance our Site, to enhance our products and services, and to analyze how and where best to use our resources.

B. Monitoring
Although Apenza is under no obligation to monitor the Site, we may monitor, store, review and disclose to third parties any information obtained on the Site as may be needed or requested to satisfy any applicable governmental law, regulation or proceeding. Additionally, we may use IP addresses to identify a particular user if we believe it needed to enforce compliance with these terms or to protect our Company, Site, or customers.
10.4 Security of Personally Identifiable Information

While Apenza tries to prevent third party, non-affiliate access to personally identifiable information, User understands that internet communications may not be secure. In view of the foregoing, Apenza cannot warrant that User’s personally identifiable information will not be disclosed to or accessed by parties other than those authorized under these terms and conditions. User agrees that Apenza will not be liable for such disclosures of User’s personally identifiable information.
10.5 Updates to Your Information

At User’s request, Apenza will make reasonable efforts to update, change or delete any personally identifiable information User may have earlier provided via the Site. User understands that to enforce these terms, resolve disputes, or provide information to satisfy applicable governmental laws, regulations or proceedings, Apenza may need to retain User’s personally identifiable information in its files. Additionally, User understands that User’s personally identifiable information may be retained in residual back-up files that are a function of our network’s back-up systems.
10.6 Privacy of Children

The Site is not to be used by anyone under the age of eighteen (18), and any child under such age should not provide personally identifiable information. Apenza will not knowingly collect or use personally identifiable information from any child under such age.

11. Termination and Survival

11.1 This Agreement shall expire when the User discontinues use of the Site.
11.2 Apenza reserves the right to change or modify these terms, or terminate this Agreement at any time. In the event of breach of these terms, Apenza may terminate User’s current and future use of the Site and the Materials.
11.3 Sections 1, 2, 3, 6, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.