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AET Partners, LLC User Agreement


THE FOLLOWING DESCRIBES THE TERMS ON WHICH AET Partners, LLC OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and AET Partners, LLC ("AETP") and applies to your use of the web enabled project management services and any related products and services available through www.aetpartnersllc.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a User of one of our Accounts.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "AETP," "we" or "our" will refer collectively to AET Partners, LLC and any other AETP related legal entities.

This Agreement was last modified on April 8th, 2013.
1.0   Eligibility  
 
In order to use the Service, you must register for an Account (User Account). Our Services are only available to individuals, businesses or Organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is NOT available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of confidentiality risk.
2.0   The Legal Relationship between You and AETP  
 
Project Management Services Provider
AETP acts as a Project Management facilitator to help our Vendors, Customers, Contractors, Partners and Investors understand the key indicators of project performance. Your requests to use our Services require us to perform certain tasks on your behalf and to gather and distribute project related information.

Identity Authentication
We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize AETP, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, AETP cannot and does not guarantee any user's identity.

No Warranty
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

Indemnification
You agree to indemnify and hold AETP, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
3.0   Your Information and Restricted Activities  
 
Definition
"Your Information" is defined as any information you provide to us or other users in the registration and subsequent use of our Service.

Restricted Activities
Your Information and your activities through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) violate AETP's Confidentiality Agreements; (d) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (e) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) be obscene or contain child pornography; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (i) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than the review of and management of AETP Projects, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

License
Solely to enable AETP to use the information you supply us with, in order to display Your Information, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. AETP will use and protect Your Information in accordance with our Privacy Policy.

Trademarks
aetpartnersllc.com, AETP, and all related logos, products and services described in this website are either trademarks or registered trademarks of AET Partners, LLC or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of AETP. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AETP and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AETP.
4.0   Access and Interference  
 
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the AETP site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to AETP by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of AETP or the appropriate third party. If you use, or attempt to use the Service for purposes other than Project Management activities and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
5.0   Privacy and Security  
 
We do not sell or rent your personal information to third parties for marketing purposes and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your AETP Account on a page which begins with http://www.aetpartnersllc.com/. All of our pages begin with http://www.aetpartnersllc.com/ or https://www.aetpartnersllc.com/ and therefore you should not use any other site that does not begin as such. If you object to your information being transferred or used in this way, please do not use our Services.
6.0   Termination or Closing Your Account  
 
You may close your Account at any time by clicking the "Close Account" link on your User Account (or other Account as the case may be) Homepage Menu on the AETP website. If you do not access your account for a period of two years, it will be terminated.
7.0   Remedies and AETP's Right to Close your Account  
 
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, refuse payments, limit access to an account and any or all of the account's functions, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us.
8.0   Assignability  
 
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of AETP. AETP reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
9.0   Legal Compliance  
 
You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
10.0   Notices  
 
Electronic Communications
You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from AETP in electronic form. Electronic Communications may be posted on the pages within the AETP website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. AETP reserves the right but assumes no obligation to provide Communications in paper format.

Credit Report
You agree that AETP may order and review your credit report with the sole purpose of assessing your fitness to hold an AETP account and/or your ability to use the Service or features thereof.

Procedure
Except as explicitly stated otherwise, any notices shall be given by postal mail to AET Partners, LLC , Attn: Legal Department, 322 NE Debell Ave., Bartlesville, Oklahoma 74006 (in the case of AETP) or to our online message center or the email address you provide to AETP during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to AETP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
11.0   Legal Disputes  
 
Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or AETP may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Washington County, Oklahoma or where the defendant is located (in AETP's case, Washington County, Oklahoma, and in your case, your home address or principal place of business). You and AETP agree to submit to the personal jurisdiction of the courts located within the county of Washington, Oklahoma.

Alternative Dispute Resolution
AETP will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Washington County, Oklahoma or another location mutually agreed upon by the parties.

Violations of Section 12
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 12, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
12.0   General  
 
This Agreement is governed by and interpreted under the laws of the state of Oklahoma, U.S. as such laws are applied to agreements entered into and to be performed entirely within Oklahoma by Oklahoma residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 12 hereof, to the extent that the FAA is inconsistent with Oklahoma law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by AETP, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (2) Release, Limitation of Liability, Indemnity, (3) Fees, (5) Access and Interference, and (12) Legal Disputes shall survive any termination or expiration of this Agreement.



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