Terms and Conditions

1. INTRODUCTION

These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website – RoboGrading.com and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

2. INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, AGS Inc. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. RESTRICTIONS

You are expressly and emphatically restricted from all of the following: publishing any Website material in any media; selling, sublicensing and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is, or may be, damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; using this Website to engage in any advertising or marketing; Certain areas of this Website are restricted from access by you and AGS Inc. may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. YOUR CONTENT

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant AGS Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. AGS Inc. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. LIABILITIES & WARRANTIES

Except where expressly provided otherwise in an agreement between you and us, AGS Inc. provides no warranties express, implied or statutory, including, without limitation, the implied warranties of merchantability, satisfactory quality, noninfringement or fitness for a particular purpose under these terms and in respect of any AGS Inc. website, any content provided on any AGS Inc. website (including third party content), and/or any services provided on any AGS Inc. website. You recognize that the current state of technology does not allow for error-free access to any AGS Inc. certified websites and interruptions, crashes, and downtime are beyond arm’s control and may occur from time to time. All information provided directly on the AGS Inc. website or indirectly through the AGS Inc. certified website by hypertext link or otherwise is provided “as is” without warranty of any kind. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access any AGS Inc. certified website through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept these terms and may not use any AGS Inc. website. In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in contract, tort or otherwise, arising in connection with these terms including from your access to, use of, or reliance upon information obtained from or through, the AGS Inc. website and/or any services provided on the AGS Inc. website. We reserve the right to make changes, updates or corrections to the information on the AGS Inc. certified website at any time without notice. Notwithstanding anything to the contrary contained in these terms, the maximum liability of arm to you in aggregate for all claims made against arm in contract, tort or otherwise under or in connection with these terms, including but not limited to the website, your access to or use of (or your failure to gain access to or use of) the site, any content provided on the site (including third party content), and/or any services provided on the site, shall not exceed $100,000. This statement does not attempt to exclude our liability for death or personal injury arising from negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6. LIMITATION OF LIABILITY

In no event shall AGS Inc., nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and AGS Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. INDEMNIFICATION

You hereby indemnify to the fullest extent AGS Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. VARIATION OF TERMS

AGS Inc. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. ASSIGNMENT

AGS Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between AGS Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. GOVERNING LAW & JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the State of [State], and you submit to the non-exclusive jurisdiction of the state and federal courts located in [State] for the resolution of any disputes.