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Website Terms of Use

Revised November 13, 2024

ANSIRA’S PRIVACY STATEMENT IS POSTED ON THIS SITE AND APPLIES TO YOUR USE OF THIS SITE. ITS TERMS ARE MADE A PART OF THESE WEBSITE TERMS BY THIS REFERENCE. TO VIEW THE ANSIRA PRIVACY STATEMENT, CLICK HERE.

 

1. ACCEPTANCE

1.1 – This website (“Site”) is owned and operated by Ansira Partners II, LLC (together with its affiliates, individually or collectively, “Ansira”). The following Site Terms of Use (“Terms”) apply to your use of this Site. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.

1.2 – You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

1.3 – You represent and warrant that you are not based in any country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist-supporting” country. Your failure to comply with these terms of use will result in the automatic termination, without further notice, of any rights granted to you regarding your use of this Site or any product or service offered on or through this

1.4 – Ansira may, at its sole discretion, revise these Terms and any other information contained in this Site at any time; we will specify on this Site the date on which these Terms were last revised. It is your responsibility to check these Terms periodically for changes. Your continued use of this Site following the posting of changes constitutes your acceptance of and agreement to them. Ansira may also, at its sole discretion, at any time make improvements or changes in the products, services or programs described on this Site.

1.5 – This Site may contain links to independent third-party websites (“Linked Sites”). Ansira provides these Linked Sites solely for your convenience, and does not control or endorse any of them. Ansira cannot be responsible for the content, security or privacy policies or practices of such Linked Site and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Ansira will not and cannot censor or edit the content of any third-party Site. By using the Site, you expressly relieve Ansira from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

2. WEBSITE ACCESS

2.1 – Ansira grants you a personal, non-exclusive, non-transferable, and limited privilege to use this Site provided that you comply with these Terms. You may not:

  1. decompile, reverse engineer, disassemble or unlawfully use or reduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in this Site;
  2. attempt to gain unauthorized access to any portion or feature of this Site or any other systems or networks connected to this Site, or to any product or service offered on or through this Site, by any means;
  3. probe, scan, or test the vulnerability of, or breach the security or authentication measures on, this Site or any other systems or networks connected to this Site, or otherwise attempt to interfere with the proper functioning of this Site or such other systems or networks
  4. reverse look-up, trace or seek to trace any information on any other user of or visitor to this Site, or any other customer of Ansira, including any Ansira account not owned by you, to its source, or exploit this Site, or any product or service made available or offered by or through this Site, in any way with the purpose to access, acquire or reveal any information, including but not limited to personal identity or information, other than your own information, as provided for by this Site;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ansira on or through this Site or any product or service offered on or through this Site, or pretend that you are or that you represent someone else, or impersonate any individual or entity when using this Site
  6. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or Ansira’s systems or networks, or any systems or networks connected to this Site;
  7. use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person’s use of this Site;
  8. use this Site to defame, harass, threaten, or intimidate others; or,
  9. use this Site or any Content for any unlawful or prohibited purpose, or solicit the performance of any illegal activity.
    • Except for the limited permission in the preceding paragraph, Ansira does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
    • Ansira may, in its sole discretion and without prior notice, suspend or terminate your access to this Site and/or block your future access to this Site, including as a result of (a) your violation of these Terms or other agreements or guidelines associated with your use of this Site or any product or service offered on or through this Site, (b) requests by law enforcement or other government agencies, (c) a request by you (including self-initiated account deletions), (d) discontinuance or material modification of this Site or any service offered on or through this Site, or (e) unexpected technical issues or problems. You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ansira, for which monetary damages would be inadequate, and you consent to Ansira obtaining any injunctive or equitable relief that Ansira deems necessary or appropriate in such These remedies are in addition to any other remedies Ansira may have at law or in equity.
    • Ansira also reserves the right to, at any time, without notice, modify, interrupt, suspend or terminate the operation of or access to this Site, or any portion of this Site, for any reason (including, without limitation, maintenance, error correction, etc.

3. INTELLECTUAL PROPERTY AND CONTENT

3.1 – All text, graphics, interfaces, photographs, trademarks, logos, software, computer code, scripts, sounds, music, videos, interactive features and the like contained on this Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content are owned, controlled, or licensed by or to Ansira, and are protected by United States and foreign trade dress, copyright, trademark laws, and other intellectual property rights and laws. Except as expressly provided in these Terms or in any additional terms and conditions to which you become subject (as described in the section titled “Purchases on this Site; Access to Certain Portions of this Site), no part of this Site and the Content may be copied, reproduced, republished, uploaded, posted, transmitted, translated, or distributed in any way to or via any medium, equipment, device, or website for publication or distribution or other commercial use, without Ansira’s prior written consent.

3.2 – Content on the Site is provided to you AS IS for your information and personal use only. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Site for any commercial purposes. If any materials are available for downloading, access, or other use from this Site with their own license terms, conditions, and notices, such license terms, conditions, and notices will govern. You agree not to circumvent, disable, or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.

4. USER SUBMISSIONS

4.1 – The Site may permit the submission of written pages or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Ansira does not guarantee any confidentiality with respect to any submissions and that your name will be included with your posted User

4.2 – You shall be solely responsible for your own User Submissions and the consequences of posting or publishing In connection with User Submissions, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ansira to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, Blog, and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Ansira, you hereby grant Ansira a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site, and Ansira’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Ansira Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

4.3 – In connection with User Submissions, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ansira all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Ansira or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business: (e) impersonate another person. Ansira does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Ansira expressly disclaims any and all liability in connection with User Submissions. Ansira does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Ansira will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Ansira reserves the right to remove Content and User Submissions without prior notice. Ansira will also terminate a User’s access to its Site if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. Ansira also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Ansira may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

4.4 – In particular, if you are a copyright owner or an agent of a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending an email to [email protected] with the following information in writing and attached (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (c) 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 the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have 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, (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send notifications of claimed infringement to [email protected].

4.5 – You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Ansira is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ansira with respect thereto, and agree to indemnify and hold Ansira, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

5. PURCHASES ON THIS SITE

5.1 – Additional terms and conditions may apply to purchases of products or services made on or through this Site and/or to your access to (and use of) certain portions of this Site, all of which terms are made a part of these Terms by this reference. If there is a conflict between these Terms and the terms posted for or otherwise applicable to a specific portion of this Site or for any product or service offered on or through this Site, the latter terms shall control with respect to your use of that portion of this Site or such specific product or service.

5.2 – Ansira may change, revise, or discontinue any product or service offered on this Site or change the applicable prices, at any time, without notice, and in its sole discretion.

6. ACCOUNT SECURITY

6.1 – Certain Site features and services may require you to open an account. You are solely responsible for keeping your account information (including, without limitation, your password) confidential, and for any and all activity that occurs through your account as a result of your failing to keep this information confidential. You agree to notify Ansira immediately of any unauthorized use of your account, and of any other breach of You may be held liable for losses incurred by Ansira or any other user of this Site due to someone else using your account as a result of your failing to keep your account information secure and confidential.

6.2 – You may not use anyone else’s user ID, password, or account on this Site at any time without the express permission and consent of the holder of that user ID, password, or account. Ansira cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

7. DISCLOSURE OF YOUR INFORMATION

7.1 – Ansira may disclose any information we have about you (including, without limitation, your identity or any transmittal or communication by you with Ansira through this Site or any product or service offered on or through this Site) if we determine that such disclosure is necessary (a) to enforce these Terms, (b) in connection with any investigation or complaint regarding your use of this Site or any product or service offered on or through this Site, (c) to protect the rights, property or personal safety of Ansira, its employees, users of or visitors to this Site, and the public, (d) to comply with any applicable law, regulation, legal process or governmental request, or to respond to claims that any such data violates the rights of others, or (f) to exchange information and cooperate with other companies or organizations for fraud protection purposes, as required or permitted by applicable law. In addition, Ansira may disclose your information to third parties if Ansira is involved in a merger, acquisition, or sale of any or all of Ansira’s business and/or assets to a third party, provided that they agree to abide by the Ansira Privacy Statement posted on this Site

7.2 – If Ansira takes any legal action against you due to your violation of these Terms, Ansira will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Ansira. Ansira will not be liable to you or to any third party for termination of your access to this Site for any reason.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 – THIS SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANSIRA DOES NOT WARRANT THAT (A) THIS SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, OR ANY DEFECTS WILL BE CORRECTED; (B) ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES; OR (C) ANY INFORMATION YOU TRANSMIT TO THIS SITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO CONFIRM WITH ANSIRA THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION BASED ON SUCH INFORMATION. ANSIRA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY ANSIRA PRODUCTS AND/OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ANSIRA FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THIS SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

8.2 – IN NO EVENT SHALL ANSIRA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANSIRA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ANSIRA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. If, notwithstanding the other provisions of these Terms, Ansira is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this Site or any Content, Ansira’s total liability shall in no event exceed the greater of (1) the total subscription or similar fees with respect to any product or service offered on this Site paid by you to Ansira in the six (6) months prior to the date of the initial claim made against Ansira, and (2) US $100.00.

8.3 – The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action, to the fullest extent permitted by the law of the applicable jurisdiction.

9. INDEMNITY

You agree to defend, indemnify and hold harmless Ansira, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

10. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

10.1 – All matters relating to your access to or use of this Site, including all disputes, will be governed by the laws of the State of Missouri without regard to its conflicts of laws Resolution of all disputes shall be conducted and resolved on an individual basis only, and not on a class-wide, multiple plaintiff, multiple claimant, consolidated or similar basis. You waive any right to participate in any way in a class action lawsuit against Ansira, or to act in any arbitration, lawsuit, action, or other legal proceeding against Ansira in the interest of the public or in any private attorney general capacity. THE PARTIES VOLUNTARILY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIMS THAT MAY ARISE OUT OF THIS THESE TERMS OR USE OF THIS SITE.

10.2 – Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for products and services are not subject to this limitation. The prevailing party will be entitled to reasonable costs and attorneys’ fees.

11. INTERNATIONAL ISSUES

11.1 – Ansira administers and operates this Site from its locations in the United States. Information on Ansira’s Site may contain references to Ansira products, programs and services that are not available in your country. Such reference does not imply that Ansira intends to make or continue to make such products, programs, or services available in your country now or in the Any offer on this Site for any feature, product, or service is void where prohibited. If you choose to access this Site from outside the United States, you are responsible for complying with applicable local laws. This Site and the products and services offered on or through this Site are not intended to be offered to or used by residents in Europe.

11.2 – Certain text in the Site may be available in other languages other than English. Any translations are provided as a convenience to you and Ansira makes no representations or commitments regarding the accuracy or completeness of the transaction.

12. MISCELLANEOUS

12.1 – If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

12.2 – These Terms (together with any additional terms presented to you in connection with your gaining access to certain portions of this Site) constitute the entire agreement between you and Ansira with regard to your use of this Site, and any and all other written or oral agreements or understandings previously existing between you and Ansira with respect to such use are hereby superseded and cancelled.

12.3 – Ansira’s failure to insist on or enforce strict performance of these Terms shall not be construed as Ansira’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Ansira and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. Ansira customer service representatives or other personnel are not authorized to modify any provision of these terms, either verbally or in writing.

 

FEEDBACK

Ansira welcomes any feedback you have regarding this Site. Please be aware that any feedback you provide shall be deemed non-confidential, and Ansira shall be free to use such information on an unrestricted basis. Please provide any feedback to the following address or email.

Ansira Partners II, LLC

2300 Locust St.

St. Louis, MO 63103

Attention: Legal Department

[email protected]