Definitions

Aptosolutions.com (‘website’) is owned and operated by Apto Solutions, Inc. (‘Apto’). The terms ‘Apto’, ‘we’, ‘us’, ‘our’, and ‘ours’ when used in these Terms of Use mean Apto and subsidiaries, divisions, branches, affiliates, or companies under common ownership by or control of Apto. The terms ‘you’, ‘your’, and ‘yours’ when used in these Terms of Use mean any user of this website.

Agreement

Access to and use of this website and the information, materials, products, and services available through this website are subject to all applicable laws, regulations, and these Terms of Use. By accessing this website, you agree these Terms of Use form a legally binding agreement. If you do not agree, please exit this website.

These Terms of Use may be changed by us without specific notice to you. The latest Terms of Use will be posted on the website. You should always review such prior to using the website to ensure you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we will provide a copy by electronic mail upon request.

Access to and the use of information, materials, products, or services provided through this website are prohibited where such access or use violates applicable laws or regulations.

Product And Services Information

Nothing in this website constitutes an offer to buy or sell our products or services in any jurisdiction. This website is for informational use only.

Minors

This website is strictly for business and commercial use. It is not intended for minors.

Accepted Payment Methods

All new customers or existing customers that we have not conducted business with since 2006 must complete a Customer Record and Credit Application. This document must be signed and returned for processing prior to shipment. We accept American Express, MasterCard, Visa, PayPal, Cashier’s Checks, Money Orders, and Wire Transfers (please contact Apto for account information). For all credit card transactions, customers must first complete a one page authorization that must be accompanied by the cardholder’s signature and a copy of the front and back of the applicable card.

We do not accept orders paid by Western Union or a similar transmitter, electronic checks, BidPay, and credit cards issued by a foreign financial institution. Payment must be received prior to shipment of the item. Prior approval of net terms is granted only to existing customers by our accounting department. No new customer will be granted payment terms for its first order.

8% sales tax is applied to Georgia residents and business without a resale certificate.

Ownership

Unless otherwise indicated, this website and its design, text, content, selection, arrangement, organization, graphics, design, compilation, and other related matters are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights and are the property of Apto, or material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. All rights reserved. The posting of any elements on this website does not constitute a waiver of any right held in such. You do not acquire ownership rights to any elements viewed through this website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this website and information, materials, products, and services available on it to display, download, archive, and print in hard copy, portions of this website, provided you do not modify the materials. You do not retain any copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use.

Trademarks

All materials appearing on this website are the sole property of Apto, unless specified otherwise. Such materials protected include, but are not exclusive to, all text, images (including icons, logos, and other graphics), and all design elements of the website. You may use the content of the website for no other purpose than learning more about our services and products offered. Unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and may result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any such materials without our prior written consent.

All other trademarks or service marks are the property of their respective owners.

Hyperlink Disclaimer

This Website may contain links to other websites maintained by unrelated companies and persons (‘third party website’). A link to a third party website does not mean that we approve, endorse, or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party websites.

Links to various third party sites are provided to help you research your potential purchase or service acquired. Apto is not responsible for errors, omissions content, or any other actions or lack thereof on these third party sites. We do not control information posted on third party websites.

Such third party websites are not investigated, monitored, or checked for accuracy, completeness, or conformance with applicable laws and regulations by us. We make no representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise, about any third party websites that you may access through this website, the content thereof, or the products or services made available through such websites. If you decide to leave our website and access these other third party websites, you do so at your own risk. All rules, policies (including privacy), and operating procedures of such websites will apply to you while on such websites.

Links To Other Websites

Any link to this website without our written permission is prohibited. Notwithstanding authorization to link to this website, linking to any page other than the home page is prohibited. Persons authorized to provide access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Apto. Authorization by us to link this website is given without assumption of any liability by us relating to such links, and we disclaim any such liability. We reserve the right to withdraw any authorization to link this website at any time and for any reason.

Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

Typographical And Photographical Errors

Apto attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions, specifications, pricing, or any other content of the website is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical, or other error, Apto shall have the right, at our sole discretion, to either honor the displayed price or refuse any orders placed for that product at the incorrect price. Data Protection Consent

By agreeing to these Terms of Use, you agree to the terms of our Privacy Statement. Any communication or material you post or transmit to us over the Internet is, and will be, treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and use such information for any lawful purpose.

Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, facsimile, e-mail, or any other form of transmission for the purposes of quality control, security, and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Privacy Policy.

No Warranties

This site is provided on an ‘as is’, ‘as available’ basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, Apto, its affiliates, service providers, and licensors disclaim all warranties, express, implied, statutory, or otherwise. Without limiting the foregoing, Apto, its affiliates, service providers, and licensors hereby disclaim:

All warranties of merchantability, fitness for a particular purpose, title, and non-infringement; Warranties relating to delays, interruptions, errors, or omissions in the operation of this site or any part of it; Warranties relating to the transmission or delivery of this site or its availability at any particular time or location; Warranties relating to the use, validity, accuracy, currency, or reliability of, or the results of the use of this site or any information published on this site; and Warranties relating to websites to which this site is linked. It is your responsibility to evaluate, or obtain professional advice on, the accuracy and completeness of all information, statements, opinions, and other material on this website or any website with which it is linked.

Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not be applicable. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected.

Exclusion Of Liability

To the fullest extent permitted by applicable laws, we, on behalf of our employees, agents, suppliers, and contractors, exclude liability for any losses and expense of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis. Some jurisdictions do not allow the limitations of liability set forth above, so these limitations of liability may not apply to you. If any part of this limitation is found to be invalid or unenforceable for any reason, then the aggregate liability of Apto, its affiliates, service providers, and licensors under such circumstances for liabilities that otherwise would have been limited, shall not exceed $100. We do not seek to exclude or limit liability for fraudulent misrepresentation.

Indemnity And Release

You agree to indemnify, release, and hold us harmless as well as our officers, directors, agents, representatives, and employees from any claim, liability, los, expense, or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products, or services available through this website. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend, or discontinue this website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this website. Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, or oral or written inducement shall bind any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect. Waiver

Apto’s failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Apto of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Law And Jurisdiction

The website is controlled by Apto from its offices within the State of Georgia. Access to, or use of, this website or information, materials, products, and services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in locations outside the United States. Apto is a Georgia corporation, and you agree that the substantive laws of the State of Georgia and the United States of America shall govern any controversy or claim of any nature arising out of or relating to the use of this website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement, or breach, or the subject matters of these Terms of Use may be venued in a state or Federal court in Atlanta, Fulton County, Georgia, and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. The foregoing notwithstanding, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in writing at:
Apto Solutions, Inc.
1910 MacArthur Boulevard
Atlanta, Georgia 30318
info@aptosolutions.com
404-605-0992