Terms of Use

1. Introduction
Welcome to the AHEPA Mangement Company Website (“Site”, and includes “System” and “Service”) operated by AHEPA Management Company, Inc. (“AMC”, “we” or “us”). By using the Site, you are agreeing to the terms and conditions set forth below (the “Terms of Use”). We reserve the right to change, modify, add or remove portions of these Terms of Use. You can view the most-current version of these Terms of Use at this page. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. By using the Site, you agree to the operative Terms of Use in place at the time of your use, including any and all changed or modified terms.

In addition to these Terms of Use, your use of the Site is governed by our Privacy Policy. You agree to AMC’s collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Use.

If you do not understand and agree to these Terms of Use, please do not use the Site.

2. AMC Site and Service
The Site and our services may be offered by AMC itself, or by a third party partner/service provider. Unless otherwise stated, these Terms of Use apply to all services offered by AMC. All content and services made available through the Site that were not made available as of the “Last Updated” date above shall be governed by these Terms of Use.

3. Privacy
We care about the privacy of our users. Click here to view our Privacy Policy. By accessing and using the Site, you are consenting to have your personal data transferred to and processed by AMC.

4. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

5. Third Party Websites, Advertisers, or Services
The Site may contain links to third party websites that are not owned or controlled by AMC. AMC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AMC will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve AMC from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the AMC Site to read the terms and conditions and privacy policy of each other website that you visit.

6. Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY REQUIRED PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMC, ITS AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE AMC SITE, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY AMC OF ANY UNAUTHORIZED USE OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

7. No Warranty
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AMC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. AMC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AMC SITE OR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AMC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND SYSTEM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT AMC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Controlling Law Jurisdiction; Deadline to Bring Claims
These Terms of Use and any action related thereto will be governed by the laws of the State of Indiana without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the AMC Site will be brought solely in Hamilton County, Indiana, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Indiana (excluding choice of law). You and AMC agree that any cause of action or claim for relief arising out of or related to the AMC Site must commence within one (1) year after the cause of action accrues or it is waived.

10. Entire Agreement
These Terms of Use and our Privacy Policy are the entire and exclusive agreement between AMC and you regarding the AMC Site (excluding any services for which you have a separate agreement with AMC or its affiliates or subsidiaries that is explicitly in addition or in place of these Terms of Use), and these Terms of Use supersede and replace any prior agreements between AMC and you regarding the AMC Site. These Terms of Use may not be modified orally. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms of Use from time to time; the most current version will always be at ahepamgtsing.org. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms. We do not assume any obligation to notify you of changes to these Terms of Use.

11. Electronic Communication and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the AMC Site, including but not limited to any consent you give to receive communications from AMC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer or mobile device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Requests for more information or questions regarding these Terms of Use should be addressed to us by using our online ‘Contact Us’ form or by mail to: AHEPA Management Company, Inc., 10706 Sky Prarie Street, Fishers, IN, 46038, USA.

Revised June 10, 2011

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