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Welcome. You (“you”) have arrived at a website provided by Aditude, Inc. (“Aditude,” “we,” “our” or “us”). Aditude is a team of adtech innovators obsessed with helping publishers. We love to help them grow and thrive. And we're very, very good at it. We’ve been in adtech since the beginning, and nobody knows ad operations like we do. From pioneering the first header bidding integration before prebid was a thing, to managing ad ops for the largest publishers on the planet, we’ve done it all.
By accessing this web site (the “Site”), you are agreeing to be bound by these web site Terms and Conditions of Use, our Privacy Policy, which is available here, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (collectively, the “Terms”). If you do not agree with any of these Terms, you cannot use or access this site.
If you have questions about these Terms and Conditions of Use after you review them, feel free to contact us at privacy@aditude.io.
Subject to this section, these Terms will remain in full force and effect while you use the Site. We retain the right to, at our discretion, suspend or terminate your rights to use the Site at any time for any reason; including for any use of the Site in violation of these Terms. In the event of termination of your rights under these Terms, your account (if applicable) and right to access and use the Site will terminate immediately. Except as we may otherwise expressly provide in these Terms, we will not have any liability whatsoever to you for any termination of your rights under these Terms.
Any and all intellectual property (“IP”) associated with the Site and its contents (“Site Contents”) are the sole property of Aditude, except as expressly provided in these Terms. The Site Content is protected by copyright, trademark and other laws in the United States America as well as other countries. All custom graphics, icons, business names and other items that appear on the Site are trademarks, service marks or, otherwise IP (“Marks”) of Aditude except as otherwise expressly authorized by these Terms. No license to use any of these Marks is given or implied. You agree that you will not copy, download, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute these trademarks in any way without prior permission from us.
The materials on our web site are provided “as is”. We make no warranties, expressed or implied, and we disclaim all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Site Content.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Aditude, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Access to and use of our site is at your own discretion and risk. You hereby waive any and all claims against Aditude, our suppliers, and our respective officers, directors, employees, agents, successors, and assigns (collectively, our “Affiliates”), arising out of your access to and use of the Site. To the maximum extent permitted by law, in no event will Aditude or our Affiliates be liable to you or any third-party for any lost income, profits, or goodwill; lost data; loss of or damage to goods or property; costs of procurement of substitute products; claims of third parties arising out of your access to or use of the Site; or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms, the Site, or your use of, or incapability to use the Site, whether based on breach of contract, negligence or other tort, product liability, infringement or otherwise. These previously mentioned limitations apply even if we have been advised of the possibility of such damages. If you object to or if you are or become dissatisfied in any way with the Site or any Site Content, including these Terms and our Privacy Policy, in whole or in part, then your sole and exclusive remedy is to stop using the Site.
Some states and countries prohibit or limit the disclaimer of some warranties and/or the waiver, exclusion or limitation of certain damages, so some of such clauses in these Terms may not apply to you. In any case where any disclaimer of warranties, and/or waiver, exclusions or limitation of damages is prohibited by law, (a) we grant you only the minimum express or implied warranty that such applicable law requires, which will extend for the minimum duration such law requires, and (b) to the maximum extent permitted by law, our liability to you for any damages arising from or related to the Site or these Terms, will at all times be limited to an aggregate, maximum amount of one-hundred U.S. dollars ($100). The existence of more than one claim will not enlarge this limit. You agree that our Affiliates will have no liability to you of any kind arising from or relating to these Terms.
We may revise these Terms at any time without notice. By using this Site, you are agreeing to be bound by the then current version of these Terms. We are constantly trying to improve our products and services, so these Terms may need to change along with Aditude. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use our Site. Use of the Site, in any way, after a change to the Terms is effective and notice has been provided, which means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under applicable federal law and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York County, New York; and in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon any award rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Aditude will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees.
To the fullest extent permitted by law, you and Aditude agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. You and we agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim.
You and we agree that:
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels any and all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.