AMDG Solutions, LLC ("AMDG," "us," "we," or "our") https://proposability.ai Website ("Site") Terms of Use and Legal Information ("Terms," "Terms of Use," or "Terms of Service")
PLEASE READ THESE TERMS AND THIS INFORMATION CAREFULLY BEFORE USING THIS WEBSITE. NOTE WELL THAT USING THIS WEBSITE INDICATES THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MANDATORY ARBITRATION. DO NOT USE THIS WEBSITE, IF YOU DO NOT UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
This site means the universal resource locator (URL) https:// proposability.ai ("Site"), hosting an online cloud-based, subscription hosted, fee for service, software as a service (SaaS) computer software application entitled "PROPOSABILITY™" PROGRAM application, provided pursuant to an End User License Agreement (EULA) accessible at https:// proposability.ai/EULA (collectively, the "Service"). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms. AMDG provides content at this Site including both general informational content about our product offerings as a complimentary information service to Internet users for informational purposes only, as well as fee-based subscription licensed software application services including the Service. AMDG authorizes you to view and download single copies of the general informational content at this Site solely for your personal, non-commercial use, subject to the provisions below. If you make a copy of any of the general informational content at this Site, you must retain all copyright and other proprietary notices contained in the original materials on any such copies. You may not copy, or modify the general informational content at this Site in any way or publicly display, perform, or distribute them. For purposes of these Terms, any unauthorized use of the general informational content on any other website or networked computer environment for any purpose is prohibited.
Although you may "bookmark" a particular portion of this Site and bypass these Terms, your use of this Site still binds you to these Terms. We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on this website. You will not be notified independently or directly by AMDG of any changes to these Terms. By continuing to use the Site after we post any such changes, you accept the Terms, as modified. If you do not accept the revised Terms, then do not access or use the Site.
The materials at this Site are protected by worldwide copyright laws and treaty provisions. Except as expressly provided in these Terms, all Site content is a copyright, trademark, trade dress or other intellectual property (IP) owned, controlled or licensed by AMDG, one of its affiliates or by third party licensors who have licensed their materials to AMDG and are protected by U.S. copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of AMDG and is also protected by U.S. copyright laws. AMDG and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials appearing on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of AMDG's or any third party's intellectual property rights. AMDG and its suppliers do not grant any express or implied rights to you. AMDG may grant other rights to you in a separate writing or as incorporated elsewhere in these Terms or in other materials on the Site.
Unauthorized use of the Site including, but not limited to, unauthorized entry into AMDG's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Not all features, products and services are available in all geographic areas. Your eligibility or the availability of all features, particular products and services is subject to final determination by AMDG or its affiliates.
If AMDG provides links to any third party websites it is solely as a convenience to you. If you use these links, you will leave this Site. AMDG does not control, and is not responsible for, any of these sites or their content or any link contained in a linked site. AMDG hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this Site. By creating a link to a third party web site, AMDG does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that you may obtain from using them. Such third party websites may provide less security than the AMDG Site. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. AMDG reserves the right to terminate any link at any time.
Data submitted through licensed use of the application will be considered protected information, and will be protected by AMDG under reasonable commercial standards.
Inquiries, feedback, and any other material, information or other communication you transmit or post to the public Site ("Submissions") will be considered non-confidential and non-proprietary. AMDG will have no obligation to you with respect to such Submissions. AMDG and its designees will be free to, e.g., copy, disclose, distribute, incorporate, and otherwise use such communications and all data, images, sounds, text, and other things embodied in them for any commercial or non-commercial purposes. Such disclosure, offer, submission, or transfer of such Submissions shall constitute an assignment to AMDG of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submission, and you assign any other IP rights in and to those Submissions to us, and grant us a fully paid up, exclusive, worldwide license to use and sublicense through multiple levels of sublicense. You agree to abide by our Privacy Policy (https://proposability.ai/PRIVACY) and agree not to submit to us, in any of your Submissions, any personal information.
In all cases, you are prohibited from posting or transmitting to or from this Site any Submissions that are unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or regulation. You also may not submit any Submissions that contain any viruses, worms, Trojan horses, time bombs, corrupted files or other malicious or harmful computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another.
This Site is intended for users residing in the United States of America, and at least eighteen (18) years of age, and we do not allow any users under this age to access this Site. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. If you choose to access or use the Site from outside the United States, you are responsible for compliance with all applicable foreign and local laws.
THE MATERIALS PROVIDED AT THIS SITE, INCLUDING TEXT, DESIGN, LAYOUT, DATA, GRAPHICS, LINKS OR OTHER ITEMS ("CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE". WITHOUT ANY WARRANTIES OF ANY KIND, AMDG AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FREEDOM FROM COMPUTER VIRUS. AMDG and its affiliates, employees, directors, officers, agents, or representatives do not warrant or represent the accuracy, adequacy, reliability, or completeness of this Site or its Content or that the Site and Content will operate without interruption or be error free; nor do any of them make any warranty as to the results that may be obtained from the use of the Site or Content. The materials at this Site may be inaccurate, incomplete or out of date. AMDG makes no commitment to correct or update any Content. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT WILL AMDG, ITS AFFILIATES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, LOST PROFITS, OR EXPENSES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY SUCH SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, LOSS OF DATA, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AMDG, OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF SUCH CLAIMS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AMDG UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree, upon AMDG’s demand, to defend, indemnify, and hold harmless AMDG and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Any action or proceeding arising out of or related to these Terms or your use or access of, or to, this Site shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction. There shall be no authority for any claims to be arbitrated on a class action basis. Such arbitration claims shall be heard by a single arbitrator. The place of arbitration shall be Fairfax, Virginia. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Any cause of action you may have against AMDG arising out of or related to the Site must be brought within one (1) year after the action arose; otherwise such action will be permanently barred.
This Site is administered by AMDG from its offices within the United States of America. You may not use, or export materials provided in violation of U.S. export laws and regulations. The laws of the Commonwealth of Virginia will govern all matters arising under or related to these Terms, without giving effect to any conflicts of laws principles.
The trademarks AMDG™, AMDG SOLUTIONS™, are common law trademarks of AMDG, and PROPOSABILITY™ is a registered trademark of AMDG. You shall have no right to use such trademarks for any purpose without our prior written consent.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other provisions of these Terms shall remain in full force and effect. The failure of AMDG to act with respect to a breach of the Terms by you or others does not constitute a waiver and shall not limit AMDG's rights with respect to such breach or any subsequent breaches. AMDG may terminate your access to this Site, change the Site, or delete content or features on the Site at any time and for any reason or no reason. AMDG may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Last updated: July 11, 2024