You must read these Terms of Use, and related documents (Privacy Policy and Acceptable Use Guidelines), carefully before accessing or using any of the CreateAnAPI Web Sites (as hereinafter defined). By accessing or using the CreateAnAPI Web Sites, you agree to be bound by these Terms of Use, the Privacy Policy and Acceptable Use Guidelines, and all the terms and conditions set forth herein and therein. If you wish not to be bound by these Terms of Use you must navigate away from any of the CreateAnAPI Web Sites now, and you are prohibited from accessing and using such Web Sites until such time as you are willing to be so bound. If you use the CreateAnAPI Web Sites in a manner inconsistent with these Terms of Use, the Privacy Policy or Acceptable Use Guidelines, CreateAnAPI may terminate your access, block your future access and/or seek such other additional relief as CreateAnAPI, in its sole and reasonable discretion, shall determine. These Terms of Use may be modified per their terms. Each of the Privacy Policy and Acceptable Use Guidelines are incorporated herein by reference.
Web Services Pros, Inc.'s ("CreateAnAPI") Web Site comprises several Web sites and Web pages operated by CreateAnAPI or its subsidiaries, affiliates and business partners (collectively, the “CreateAnAPI Web Sites’).
1. The CreateAnAPI Web Sites
The CreateAnAPI Web Sites include: www.createanapi.com and all subdomains.
Your use of the CreateAnAPI Web Sites signifies your agreement to all the terms and conditions contained or referenced herein (the ‘Terms of Use”). If you do not agree to these Terms of Use you may not use the CreateAnAPI Web Sites. CreateAnAPI reserves the right, at its sole discretion, to update or revise these Terms of Use without notice and you understand and agree it is solely your responsibility to visit this page from time to time to learn of changes and updates. Your continued use of the CreateAnAPI Web Sites following the posting of any changes to the Terms of Use constitutes acceptance of such changes. Your use of a particular CreateAnAPI Web Site included within the CreateAnAPI Web Sites may also be subject to additional terms, conditions and notices governing specific services, features or offers listed elsewhere in this agreement or on such particular CreateAnAPI Web Site (“Additional Terms”). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms then the terms herein shall control.
2. Agreement To Rules Of User Conduct
You agree to be bound by CreateAnAPI's Acceptable Use Guidelines and its Privacy Policy, including but not limited to, agreeing not to use the CreateAnAPI Web Sites for any unlawful purpose.
3. Third Party Sites
The CreateAnAPI Web Sites may produce automated search results or directly provide links to other Internet web sites ("Outside Sites"). Outside Sites are not under the direct or indirect control or direction of CreateAnAPI, and you acknowledge that CreateAnAPI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Outside Sites. The existence of, or links to, Outside Sites does not imply endorsement of the site, or its content, by CreateAnAPI.
4. Proprietary Rights
You understand and agree that all content and materials available on the CreateAnAPI Web Sites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and treaties of the United States and other countries. Unless expressly authorized by CreateAnAPI to do so, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the CreateAnAPI Web Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without express, prior written permission from CreateAnAPI is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
5. Copyright Notice
All content on the CreateAnAPI Web Sites, and CreateAnAPI's rights therein, is protected by CreateAnAPI as indicated. Third-party copyrights, trademarks, service marks, patents and other intellectual property (“Intellectual Property”) are the property of their respective owners, and nothing contained herein conveys permission to you to use any CreateAnAPI or third-party Intellectual Property except as CreateAnAPI has the right to, and does, grant the same and not in any manner inconsistent with these Terms of Use.
6. Limited License
By posting or submitting information (regardless of form or type) to the CreateAnAPI Web Sites, you explicitly and unreservedly (except as prohibited by law):
a. Grant CreateAnAPI, its affiliates, and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and
b. Warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of such information by CreateAnAPI will not infringe or violate the rights of any third party or violate any law.
7. Disclaimer Of Warranties
All materials, information, software, products, and services included in or available through the CreateAnAPI Web Sites for your use (the content) are provided “as is” and “as available”. Content is provided without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. CreateAnAPI, its subsidiaries, and licensors do not warrant that the content is accurate, reliable or correct; that the CreateAnAPI Web Sites will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the CreateAnAPI Web Sites is solely at your risk. Because some jurisdictions do not permit exclusion of certain warranties, this paragraph may not apply, or be limited in its application, to you.
8. Limitation of Liability
Under no circumstances shall CreateAnAPI, its subsidiaries, or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result, directly or indirectly, from the use of, or inability to use, the CreateAnAPI Web Sites. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CreateAnAPI, its subsidiaries or licensees have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation contained in this paragraph, CreateAnAPI's liability in such jurisdictions shall be limited to the extent permitted by law.
9. Indemnification
You agree, upon notice, to defend, indemnify, and hold harmless CreateAnAPI, its subsidiaries and other affiliated companies, and their employees, contractors, officers, directors and shareholders from any and all liabilities and claims of whatever nature, and expenses, including reasonable attorney’s fees, that arise from your use or misuse of the CreateAnAPI Web Sites. CreateAnAPI reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. In the event of such election you shall fully cooperate with CreateAnAPI in asserting any available defenses.
10. Legal Compliance
CreateAnAPI makes no representation that the content on the CreateAnAPI Web Sites is appropriate or available for use in locations outside the United States, and accessing the same from jurisdictions where such content is illegal is prohibited. You understand and agree that your access and use of the CreateAnAPI Web Sites is at your own initiative and risk, and in compliance with, and pursuant to, the laws of the jurisdiction from where you initiate such access and/or the laws of the jurisdiction where you use CreateAnAPI's services.
11. Choice Of Law & Forum
These Terms of Use shall be governed by and be construed in accordance with the laws of the State of New York, excluding its laws as to choice of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the CreateAnAPI Web Sites shall be filed exclusively in the federal or state courts in and for the County of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and waive any argument of inconvenient forum.
12. Severability And Integration
This agreement constitutes the entire agreement between you and CreateAnAPI with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals whether oral, written, or electronic between you and CreateAnAPI with respect to the CreateAnAPI Web Sites and the content thereof. If any part of these Terms of Use shall be held invalid or unenforceable by a court or other governmental body of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
13. Termination
CreateAnAPI reserves the right, in its sole discretion and without notice, to terminate your access to all or part of the CreateAnAPI Web Sites for violation of these Terms of Use.