Anapata Beta

Introduction; Your Agreement to these Terms of Use.

Welcome to the Anapata, Inc. (“Anapata”) website and services. The following Terms of Use apply to all users of HYPERLINK "http://www.anapata.com" www.anapata.com and its associated websites and services (collectively, the “Anapata Site”). The following Terms of Use for the Anapata Site is a legal contract between you, an individual user or a single entity (collectively or individually “Users”), and Anapata regarding your use of the Anapata Site. Together, Users and Anapata are each referred to herein individually as a “Party” or collectively as the “Parties”. When using the Anapata Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms of Use.

BEFORE USING THE ANAPATA SITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE ANAPATA SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE” OR “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE ANAPATA SITE.

1. Eligibility. In order to use the Anapata Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the Anapata Site is not intended for children under 13. If you are using or opening an account on the Anapata Site on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you: (a) are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Organization.

2. Privacy Notice. Your privacy is important to Anapata. Anapata’s Privacy Policy (http://www.anapata.com/privacy) is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to Anapata’s collection, use, and disclosure of your personal information.

3. Modification of the Terms; Modification of Fees.

(a) Anapata reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. In the event of a material change, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account. Please ceck these Terms periodically for changes. Your continued use of the Anapata Site after the posting of changes constitutes your binding acceptance of such changes.

(b) Certain account types and functions on the Anapata Site may have fees associated with them. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time pursuant to Section 13 of these Terms.

4. Anapata Site Access. Anapata grants you permission to use the Anapata Site as set forth in these Terms, provided that and for so long as (i) you use the Anapata Site solely for your personal or internal business use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Anapata Site in any medium without Anapata’s prior written authorization; (iii) you do not alter or modify any part of the Anapata Site other than as may be reasonably necessary to use the Anapata Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The Anapata Site is controlled and offered by Anapata from its facilities in the United States of America. Anapata makes no representations that the Anapata Site is appropriate or available for use in other locations. If you are accessing or using the Anapata Site from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.

5. Ownership; Proprietary Rights. As between the Parties, the Anapata Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Anapata Site that are provided by Anapata (“Anapata Materials”) are owned and/or licensed by Anapata. Anapata Materials do not include Non-Anapata Content (as defined below). Except as expressly authorized by Anapata, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Anapata Site or the Anapata Materials. Anapata reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the Anapata Materials, except for the limited rights set forth in these Terms.

6. User Content.

(a) General. The Anapata Site may now or in the future permit you and other users to post or link media, text, audio and video recordings, photos, graphics, commentary or any other content (“User Content”), and to host and/or share such User Content. User Content is not controlled by Anapata. Anapata makes no representations that your User Content will remain available via the Anapata Site in any way and may remove your User Content in its sole discretion. YOU UNDERSTAND THAT ANY INFORMATION AND/OR USER CONTENT THAT YOU POST FOR VIEWING ON THE ANAPATA SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE ANAPATA SITE, AND ANAPATA DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH INFORMATION AND/OR USER CONTENT.

(b) Grant of Rights. By submitting User Content to Anapata, you hereby grant Anapata and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Anapata Site and Anapata’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Anapata Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Anapata and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Anapata Site a non-exclusive license to access your User Content through the Anapata Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Anapata Site and these Terms.

(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Anapata to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Anapata and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Content, Anapata’s use of such User Content pursuant to these Terms, and Anapata’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation.

(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Anapata Site: (i) any falsehoods or misrepresentations that could damage Anapata or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.

7. Non-Anapata Content Disclaimer. You understand that when using the Anapata Site you will be exposed to User Content and other third party content (together, the “Non-Anapata Content”) from a variety of sources, and that you may be exposed to Non-Anapata Content that is inaccurate, offensive, indecent, or otherwise objectionable. Anapata does not endorse any Non-Anapata Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Anapata be liable in any way for or in connection with the Non-Anapata Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Anapata Content, any intellectual property infringement with regard to any Non-Anapata Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Anapata Content posted, emailed or otherwise displayed or transmitted through the Anapata Site.

8. Non-Monitoring of Users and Non-Anapata Content. You understand that you, and not Anapata, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Anapata Site. Anapata does not control the Non-Anapata Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Non-Anapata Content for any purpose. If at any time, Anapata chooses, in its sole discretion, to monitor the Non-Anapata Content, Anapata nonetheless assumes no responsibility for the Non-Anapata Content, no obligation to modify or remove any inappropriate Non-Anapata Content, and no responsibility for the conduct of the user submitting any such Non-Anapata Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-Anapata Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content or other Non-Anapata Content.

9. Removal of Non-Anapata Content. Anapata and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Anapata Content that is available on the Anapata Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

10. Prohibited Uses of the Anapata Site.

(a) As a condition of your use of the Anapata Site, you hereby represent and warrant that you will not use the Anapata Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.

(b) Any use by you of any of the Anapata Materials and Anapata Site other than for your personal or internal business use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Anapata Site, use of the Anapata Site, access to the Anapata Site, or Non-Anapata Content obtained through the Anapata Site, for any purpose other than for your personal or internal business use.

(c) You agree not to use the Anapata Site if you do not meet the eligibility requirements described in Section 1 above.

(d) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Anapata Site, or collect, or attempt to collect, personal information about users or third parties without their consent.

(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the Anapata Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.

(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Anapata Site, features that prevent or restrict the use or copying of any part of the Anapata Site, or features that enforce limitations on the use of the Anapata Site.

(g) You agree not to attempt to gain unauthorized access to the Anapata Site or any part of it, other accounts, computer systems or networks connected to the Anapata Site or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Anapata Site or any activities conducted through the Anapata Site.

(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Anapata Site. You agree neither to modify the Anapata Site in any manner or form, nor to use modified versions of the Anapata Site, including (without limitation) for the purpose of obtaining unauthorized access to the Anapata Site.

(i) You agree that you will not use any robot, spider, scraper, or other automated means to access the Anapata Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Anapata Site.

(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other Anapata Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Anapata’s name or trademarks without Anapata’s express written consent.

(k) You agree not to deep-link to the Anapata Site and will promptly remove any links that Anapata finds objectionable in its sole discretion. You agree not to use any Anapata logos, graphics, or trademarks as part of the link without our express written consent.

(l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Anapata Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Anapata Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(n) You agree not to modify, adapt, translate, or create derivative works based upon the Anapata Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

11. Account Information. In order to access some features of the Anapata Site, you will have to create an account. You represent and warrant that the information you provide to Anapata upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that Anapata may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Content violates the rights of third parties; (d) provide certain customized features of the Anapata Site to you, if any, (e) respond if you contact Anapata for any reason; or (f) protect the rights, property, or personal safety of Anapata, the users, and the public.

12. Password. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Anapata. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY ANAPATA OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

13. Law Firm Accounts.

(a) In order to access some features of the Anapata Site (the “Firm Features”), you will have to create a law firm account (“Firm Account”). In order to use the Firm Features, you agree to pay an annual subscription fee to Anapata (“Subscription Fee”), which Subscription Fee represents a minimum financial commitment for your use of the Firm Features.

(b) You agree to pay your Subscription Fee in advance of using any Firm Features. Anapata reserves the right to discontinue or modify any Subscription Fee-based payment option at any time without notice.

(c) You agree that Anapata may automatically charge the Subscription Fee to your credit card account on each yearly anniversary of the date that you sign up for a Firm Account. Your access to the Firm Features will not be established until Anapata has verified that the credit card you provide Anapata for payment is accurate and that your credit card account is in good standing.

(d) The minimum commitment for a Firm Account with a Subscription Fee is one year. When you cancel a Firm Account, the cancellation will become effective on the first day of the calendar month that follows the day your one-year commitment is met. In between the time you cancel and the effective date of the cancellation, you are responsible for any additional fees that you accrue. All Subscription Fees are final and nonrefundable.

(e) Anapata reserves the right to suspend or terminate your access to the Firm Features, and/or the Anapata Site without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Anapata when Anapata believes you are liable for the charges.

(f) When you sign up for a Firm Account, you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. Any changes to the Subscription Fee will be applicable to your next one-year subscription term after we provide you with written notice. Unless otherwise stated, all fees are quoted in U.S. Dollars.

(g) Anapata accepts payments through the major credit card or PayPal account indicated on the applicable payment screen. Billing to your account occurs at the time of purchase or shortly thereafter. Anapata does not accept any other payment form. You agree to pay for all products and services that you purchase through the Anapata Site, and you agree that we may charge your selected payment method for any such payments.

(h) You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify Anapata if your credit card account is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account. You agree to pay any outstanding balance in full within thirty (30) days of your subscription to a Firm Account. All fees not paid to Anapata by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by Anapata in connection with Anapata's collection of such fees. Additionally, Anapata reserves the right to deactivate your account if payment is past due, regardless of the dollar amount.

(i) Anapata shall ensure that any third party vendors handling credit card processing pursuant to this Agreement (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards (“PCI Standards”). In connection therewith, Anapata shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information (“User Credit Card Information”) (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance. PLEASE NOTE: If a Firm Account subscription has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us.

(j) You are responsible for paying any governmental taxes imposed on your use of the Anapata Site, including, but not limited to, sales, use or value-added taxes. To the extent Anapata is obligated to collect such taxes, the applicable tax will be added to your billing account.

14. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Anapata Site are solely between you and such advertiser or User. YOU AGREE THAT ANAPATA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE ANAPATA SITE.

15. Links and Third Party Websites. Anapata, Users, or third parties may provide links on the Anapata Site to other sites including the content therein (“Reference Sites”). Anapata has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the Anapata Site. Anapata provides links to you only as a convenience, and the inclusion of any link on the Anapata Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Anapata Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

16. Availability of Service. Anapata may make changes to or discontinue any of the media, web communities, products, or services available within the Anapata Site at any time, and without notice. The media, products, or services on the Anapata Site may be out of date, and Anapata makes no commitment to update these materials on the Anapata Site.

17. User Disagreements. You are solely responsible for your involvement with other users of the Anapata Site. Anapata reserves the right, but has no obligation, to monitor disagreements between you and other users. ANAPATA DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.

18. Terms of Use Violations; Termination.

(a) Anapata. You agree that Anapata, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the Anapata Site or your use of the Anapata Site, and remove and discard all or any part of your account or any User Content, at any time. You agree that your access to the Anapata Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that Anapata shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Anapata may have at law or in equity.

(b) User. If you are dissatisfied with the Anapata Site, please let us know at feedback@anapata.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Anapata Site, (ii) any term of these Terms, (iii) any policy or practice of Anapata in operating the Anapata Site, or (iv) any content or information transmitted through the Anapata Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Anapata Site and providing notice of termination at feedback@anapata.com. Unused fees are non-refundable and, if applicable, Anapata reserves the right to charge you the early termination fee agreed to by you at the time you subscribed to a Firm Account. Notwithstanding anything to the contrary in this Agreement, Anapata retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for any fees are refused for any reason. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Anapata Site before termination.

(c) Effect of Termination. Upon termination of these Terms and your account by you, or subject to Anapata's termination rights herein, Anapata reserves the right to charge you fees through the end of your subscription term; provided that you shall have access to the Firm Features in exchange for such fees through the end of your subscription term. If Anapata terminates your use of any part or all of the Firm Features prior to the completion of your subscription period (except if such termination is a result of your breach of any obligations, covenants, representations, warranties, or terms in these Terms, in which case Anapata may terminate without liability as described above), your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service. Upon termination of your Firm Account for any reason, your continued use of the Anapata Site is subject to these Terms. For the avoidance of doubt, and notwithstanding anything to the contrary in these Terms, Anapata may downgrade, delete, or otherwise modify your account upon termination in Anapata’s sole discretion.

19. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ANAPATA, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE ANAPATA SITE; (II) YOUR USER CONTENT, INCLUDING ANAPATA’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY ANAPATA. ANAPATA RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF ANAPATA. ANAPATA WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

20. DISCLAIMERS; NO WARRANTIES.

(a) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION ‎20, THE TERM ANAPATA INCLUDES ANAPATA’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.

(b) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANAPATA DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANAPATA OR THROUGH THE ANAPATA SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(c) “AS IS” AND “AS AVAILALBE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE ANAPATA SITE IS AT YOUR SOLE RISK. THE ANAPATA SITE, USER CONTENT, NON-ANAPATA CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ANAPATA SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

(d) WEBSITE OPERATION AND NON-ANAPATA CONTENT. ANAPATA DOES NOT WARRANT THAT THE ANAPATA MATERIALS, USER CONTENT, NON-ANAPATA CONTENT, ANAPATA SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ANAPATA SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

(e) ACCURACY. ANAPATA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ANAPATA SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(f) HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE ANAPATA SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

21. LIMITATION OF LIABILITY AND DAMAGES

(a) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANAPATA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE ANAPATA MATERIALS AND USER CONTENT ON THE ANAPATA SITE OR ANY REFERENCE SITES, THE ANAPATA SITE ITSELF, OR ANY OTHER INTERACTIONS WITH ANAPATA, EVEN IF ANAPATA OR AN ANAPATA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) LIMITATION OF DAMAGES. IN NO EVENT SHALL ANAPATA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ANAPATA SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.

(c) THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE ANAPATA SITE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN ANAPATA AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ANAPATA SITE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.

22. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.

(a) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

(b) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT ANAPATA HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ANAPATA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ANAPATA. YOU ACKNOWLEDGE AND AGREE THAT ANAPATA WOULD NOT BE ABLE TO PROVIDE THE ANAPATA SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

23. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-Anapata Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail).

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Anapata Site are covered by a single notification, a representative list of such works from the Anapata Site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Anapata to locate the material;

(iv) Information reasonably sufficient to permit Anapata to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Anapata’s designated Copyright Agent to receive notifications of claimed infringement can be reached at: email: copyright@anapata.com, fax: (650) 690-2154.

24. Miscellaneous.

(a) Notice. Anapata may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Anapata Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Anapata is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Anapata with notices only by mail to the address indicated in subsection ‎(l) below.

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Anapata Site shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

(d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Anapata to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(e) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(f) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Anapata without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(g) No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Anapata as a result of these Terms or use of the Anapata Site. You further acknowledge that by submitting User Content or other Non-Anapata Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Anapata other than pursuant to these Terms.

(h) Survival. Sections ‎5, ‎6, ‎13, ‎17, ‎18(c), ‎19, ‎20, ‎21, ‎22, ‎23 and ‎24 will survive any termination of these Terms or your account, whether by you or by Anapata.

(i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

(j) Entire Agreement. This is the entire agreement between you and Anapata relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Anapata as set forth in Section 3 above.

(k) CLAIMS. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE ANAPATA SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(l) Disclosures. The services hereunder are offered by Anapata, located at 2470 El Camino Real, Palo Alto, CA 94306, email: membership@anapata.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Last Updated: December 28, 2009