Terms of Use

Acceptance of Terms of Use: By accessing and using this website you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this website. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this website, then you should NOT use the part of the website which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by Aquity at any time. Such amended Terms of Use shall be effective upon posting on this website. Please check the Terms of Use published on this website regularly to ensure that you are aware of all terms governing your use of this website. Other Aquity websites may have their own terms of use which apply to such websites. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this website (the “Content”) or transactions concluded through this website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Aquity reserves the right to make changes or updates with respect to or in the Content of the website or the format thereof at any time without notice. Aquity reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

Although care has been taken to ensure the accuracy of the information on this WEBSITE, Aquity assumes no responsibility therefore. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” AQUITY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. AQUITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. AQUITY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY AQUITY ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL AQUITY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, EVEN IF AQUITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST AQUITY PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO AQUITY IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

This website may provide links to other websites that are not under the control of Aquity. Aquity shall not be responsible in any way for the content of such other websites. Aquity provides such links only as a convenience to the user of this website, and the inclusion of any link to any such websites does not imply endorsement by Aquity of the content of such websites.

Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with Aquity or its licensors. All rights in the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation, distribution, reproduction, modification, display or transmission without the prior written consent of Aquity is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Any material or information sent through or in connection with this website by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of Aquity, subject to any privacy policies posted on this website. M*Modal may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

The website may contain references to specific Aquity products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Aquity business contact for further information.

Software made available for downloading from or through this website is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. AQUITY HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the State of Delaware, United States, for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this website, provided that such exclusivity does not apply to legal actions initiated or brought by Aquity.

Personal information provided or collected through or in connection with this Web site shall only be used in accordance with Aquity’s Privacy Policy.

The information on this website may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of Aquity or any of its affiliates and certain of the plans and objectives of Aquity with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, those set forth in the “risk factors” in our investor relations content and in our filings with the Securities Exchange Commission (SEC). You may access our SEC filings through www.sec.gov.

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