We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the AIPEX Portal or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Sites and Services from AIPEX after a change, that means you accept the new terms.
To use the functions that AIPEX provides, you’ll need to register with an email address, provide your name (and optionally your company name) and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to firstname.lastname@example.org.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
AIPEX provides a platform by which hospitality hosts (“Hosts”) and senior living communities ("Senior Providers") provide customized content to enrich their guest/resident experience.
Hosts and Senior Providers are solely responsible for the content they provide. If a guest or resident has a problem with content, that is between the Host/Senior Provider and the guest/resident respectively.
Creating an account on AIPEX is free. If you decide to make content available to your guest through our applications, a subscription fee may be required if you elect to use certain features. It is always your choice to add a subscription and pay for advanced features. If our fees ever change, we’ll announce that on our Sites. You’re responsible for paying any fees or taxes associated with your use of AIPEX.
AIPEX may send information related to your account as well as an occasional announcement regarding newly released capabilities available to you. You may opt-out of these communications by selecting Unsubscribe at the bottom of any of the emails you receive from us. If you opt-out you understand that we will not be able to share important updates, service disruption announcements and similar alerts with you.
AIPEX may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
AIPEX partners with other companies (such as Braintree) for payment processing. When you open a subscription, you’re also agreeing to the payment processor’s terms of service.
AIPEX's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Sites. You also agree not to change, translate, or otherwise create derivative works of the Service.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. AIPEX complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please contact us at email@example.com. Our designated agent for notice of alleged copyright infringement is:
AIPEX Technologies, Inc.
Attn: Copyright Agent
30610 NE Tolt Hill Rd
Carnation, WA 98014
You can terminate your account at any time by contacting us at firstname.lastname@example.org. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Sites. You can also contact us at email@example.com for additional information or to request content deletion.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
AIPEX SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM AIPEX SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of AIPEX. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
To the fullest extent permitted by law, in no event will AIPEX, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall AIPEX's liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
We at AIPEX encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Washington and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that AIPEX and its Services are deemed a passive website that does not give rise to jurisdiction over AIPEX or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Washington. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of AIPEX, shall be filed only in the state or federal courts located in King County in the State of Washington, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and the other material referenced in them are the entire agreement between you and AIPEX with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and AIPEX with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or AIPEX to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get AIPEX's prior written consent. AIPEX has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. AIPEX will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.