Terms of Use
Ownership of Site; Agreement to Terms of Use
This website is operated by AEGI New York LLC (“AEGI”). These Terms and Conditions of Use (the “Terms of Use”) apply to the AEGI website located at www.aeginy.com (the “Site”). The Site is the property of AEGI and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
AEGI reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of USe, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Content; Copyright; Trademark
The works of authorship, design, text, sound recordings, and images (collectively, “Content”), including but not limited to “look and feel” and arrangement of such Content, contained on the Site are owned, controlled or licensed by or to AEGI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and not Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, performed, licensed, altered, framed, stored for subsequent use, transmitted or distributed (for compensation or otherwise), or otherwise used in whole or in part without AEGI’s express prior written consent.
“AEGI” is a trademark of AEGI New York LLC.
Purchases; Other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
AEGI’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
AEGI may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
- Privacy Policy
- User Generated Content Terms of Use
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Privacy
AEGI’s Privacy Policy applies to your use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.
Links to other sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under AEGI’s control, and AEGI is not responsible for and does not endorse the content of such Linked Sites. If you choose to access a Linked Site, AEGI makes no warranties, either express or implied, concerning the content of such Linked Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose; nor does AEGI warrant that such Linked Site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You will need to make your own independent judgment regarding your interaction with Linked Sites.
Disclaimer
AEGI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AEGI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AEGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AEGI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AEGI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AEGI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
AEGI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Every effort has been made to display as accurately as possible the colors and images of AEGI products that appear on the Site. AEGI cannot guarantee that your computer monitor's display of any color will be accurate.
Limitation of liability
Under no circumstances will AEGI be liable for any indirect, consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the Site or any portion thereof, even if AEGI has been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, AEGI’s liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to indemnify and hold AEGI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against AEGI by any third party due to or arising out of or in connection with your use of the Site.
Prohibited use
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. AEGI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Site, or any other customer of AEGI, including any AEGI account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of AEGI or others.
AEGI reserves the right to terminate your use of the Site for violating any of the prohibited uses. AEGI reserves the right at all times to disclose any information that AEGI deems necessary to comply with any applicable law, regulation, legal process or governmental request.
Governing law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey without regard to its conflicts of laws provisions.
Last updated: September 2019