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Terms of Service

Last Updated: January 29, 2015

Apiary, Inc. (“Apiary,” “us,” “we,” or “our”) would like to welcome you (“you” or “your”) to its site, www.apiary.io (“Site”). These terms of service, including any terms and policies referenced in these terms (collectively, “Terms”) govern your access and use of our Site and Service (as defined below), including any free versions, free trials, and paid subscriptions to the Service.

ACCEPTANCE

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING THE “SIGN UP FOR APIARY” OR SIMILAR BUTTON TO WHICH THIS AGREEMENT IS LINKED OR ATTACHED OR OTHERWISE ACCESSING THE SITE OR SERVICE, YOU ARE AGREEING TO THESE TERMS.

If you are accepting these Terms on behalf of a company, you represent that you have the necessary authority to bind such company to these Terms, in which case the terms “you” or “your” shall refer to your company. If you do not agree with these Terms in their entirety or do not have the requisite authority to bind the company on whose behalf you are entering into these Terms, you must not accept these Terms, and must immediately discontinue all use of the Site and Service.

DESCRIPTION OF OUR SERVICE

A. General. Our Service consists of access to a subscription-based cloud service that allows you to design, test, publish and manage API(s) (“Apiary Service”), including creating API blueprints and customized API documentation (collectively, “API Documentation”) through the use of our API documentation software (“Software”), as well as other API-related features and functionality. For purposes of these Terms, the “Service” means and is limited to the Apiary Service (including all API-related features and functionality and all associated offline components), Software, and any updates, modifications or derivatives of any of the foregoing that we make available to you under your applicable Subscription. The Service does not extend to or include any Third Party Services (defined below), any other Apiary products and services, any services, features or functionality associated with other Subscriptions for which you have not paid and are not subscribed to, or any enhancements or updates that are not made available to you.

B. Accounts and Subscriptions. You must register for an account on our Site (“Account”) and select one of our then current subscription plans as described at http://apiary.io/pricing (“Subscription”) to gain access to the Service. We may allow you to register for the Service through the use of an existing account you have with a Third Party Service (e.g., GitHub). Should you elect to register through your third party account, you understand that we may collect and use (and you hereby consent to our collection and use of) certain information from your third party account as we may need to establish your Account, operate the Service, and as further described in Section 7 (Privacy) below. All information you submit when registering for the Account must be truthful and accurate. You may only register as yourself, unless you have the necessary rights to register on behalf of an organization or corporate entity that you represent. You are responsible for all activity that happens on or through your Account (whether or not authorized by you). You may not share your Account or any Account login information with any third party. If you learn of any unauthorized use of your Account, you must notify us immediately.

C. Free Trial. We may offer you the ability to access and use the Service for a limited trial period ("Trial Period") or for free ("Free Account"), as we determine in our sole discretion. These Terms apply equally to any Trial Period or any Free Account that you may be using. You understand and acknowledge that the Service provided under a Free Account may be significantly limited in features and functionality and/or have substantial usage limits. If you register for a free trial, the Trial Period will begin upon registration and will expire within the time period specified on http://apiary.io/pricing. During such Trial Period, you are restricted to the features, functionality, and usage limits of the Subscription for which you are receiving the free trial. On or before the end of the Trial Period, you must upgrade to a paid Subscription, provide us with your payment information, and pay the applicable Subscription Fees. If you fail to do so, your Account will be downgraded to a Free Account (if such option is available) or terminated. We may suspend, terminate, or discontinue the Trial Period or Free Account at any time and for any reason, in our sole discretion. ANY ACCESS OR USE OF THE SERVICE UNDER A TRIAL PERIOD OR FREE ACCOUNT WILL BE AT YOUR SOLE RISK.

D. Support. Subject to the Terms, support for the Service shall be provided to you in accordance with your applicable paid Subscription (“Support”).

USE OF THE SERVICE

A. Requirements. Your use of and access to the Service is conditioned upon you meeting and continuing to meet the following requirements (“ Requirements"), which you represent and warrant: (i) You are at least 18 years old and have the legal capacity to be bound by these Terms; (ii) All information which you provide to us, including but not limited to information provided during registration, all relevant payment information, and Your Content, is yours or within your right to use, and is and will remain accurate, complete and current; (iii) All websites, services and/or mobile applications (collectively, “Your Applications”) for which you are creating APIs in the Service are owned by you; and (iv) Neither you nor any of Your Applications are subject to any pending lawsuits, fines, or government or regulatory actions.

B. Permission to Use. Subject to your acceptance of and compliance with the Terms, satisfaction of the Requirements, registration with the Service, and, if applicable, payment of the Subscription Fees, you shall be permitted to access and use only those features of the Service that are applicable to the Subscription for which you have subscribed and, where applicable, purchased, on a: non-exclusive, personal, non-transferable basis, solely in strict compliance with these Terms and all applicable laws and solely during your Subscription Term, but not otherwise. If permitted under your applicable Subscription, you may allow others to use the Service solely on your behalf ("Team Members"), provided that you must ensure that all Team Members comply with these Terms. In order to use the Service you may be required to download our Software. Subject to the these Terms, you shall have a non-exclusive, non-transferable, non-assignable, and limited license to use such Software during the Subscription Term solely in connection with the Service and in accordance with your applicable Subscription. Some Software used in our Service may be offered under an open source license. In the event of a conflict between these Terms and any such open source license, the open source license will prevail with respect to that Software.

C. Restrictions. You are responsible for your and your Team Members use of the Service. You agree that you will not (and will not permit or encourage any third party to) directly or indirectly: (i) use the Service in any manner or for any purpose other than as expressly permitted by these Terms; (ii) sell, resell, sublicense, distribute, rent or lease the Service, or include the Service in any service bureau or outsourcing operation; (iii) frame or mirror any part of the Service; (iv) remove, obscure or alter any proprietary right notice on or in connection with the Service; (v) use the Service to store or transmit malicious code, files, scripts, agents, or programs, including viruses and Trojan Horses; (vi) interfere with or disrupt the integrity or performance of the Service; (vii) interfere with other users' use of the Service; (viii) use the Service to attempt to access, acquire or otherwise obtain data to which you are not legally entitled; (ix) impersonate any person or entity or misrepresent your affiliation with a person or entity; (x) use the Service in violation of applicable laws, rules, and regulations; and (xi) use the Service to infringe the intellectual property rights, or otherwise violate the rights of others.

D. Your Content. Subject to the Terms, you may upload, transmit, post or create content, data, and information, including the API Documentation (collectively, “Your Content”) within the Service. You understand that Your Content, including your API Documentation may be visible or otherwise accessible to your Team Members, other users of our Service, and the public depending on your settings you establish for Your Content in your Account. You are solely responsible for ensuring that your Account has the appropriate settings for Your Content and we will not be responsible for any of Your Content being made visible to any third party or the public through the Service. You are solely responsible for and will hold us harmless from any of Your Content, including any testing data that you provide or otherwise make available to us in connection with our API testing and validation services. You represent and warrant that you have all of the necessary rights, licenses, and consents to make Your Content available to us in connection with the Service and Your Content (or are use thereof in connection with the testing and validation of your API) will not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You represent and warrant that Your Content will not contain any unlawful, defamatory, offensive, libelous, harassing, abusive, fraudulent, pornographic or obscene content or material. We do not actively monitor Your Content; however, we may refuse to accept or to transmit any of Your Content, or delete Your Content from the Service at any time, if we determine that Your Content is in violation of these Terms, or is otherwise inappropriate, in our sole discretion. You understand that upon any termination of your Account, that your access to Your Content will also be terminated immediately at that time. If you fail to maintain independent copies of Your Content before any termination of your Account, or if you fail to retrieve Your Content via the Service by that date, then you understand that we are not responsible for any loss, deletion, removal, destruction, or inaccessibility of all or any portion of Your Content.

SUBSCRIPTION TERMS

A. Subscription Term. Currently, our paid Subscriptions are offered on a monthly-subscription basis. As such, the subscription term for a paid Subscription will run for a thirty (30) day period beginning on the day on which you registered for the Subscription and will automatically renew for additional thirty (30) day periods (each, a “Subscription Term”) unless you terminate your Account (as provided in these Terms).

B. Subscription Fees. You will pay us the fees for the Service in accordance with your selected Subscription based on our rates and pricing found at http://apiary.io/pricing (“Subscription Fees”). Subscription Fees are charged in advance (not in arrears) for the applicable Subscription Term. We reserve the right to charge you for your Subscription Fees via your selected method of payment as listed in your Account or to otherwise seek payment directly from you if that payment method should be invalid. You are responsible for keeping all billing information in your Account current, complete and accurate. If invalid, outdated, incomplete or inaccurate information is listed in your Account and the charge for your Subscription Fees is not successful, rejected or otherwise cannot be processed or completed successfully, you will be responsible for any associated fees, fines, or penalties we may incur as a result of such rejected charge and your Account may be terminated or suspended under these Terms, at our sole and absolute discretion. We may utilize a third party payment processor to collect and process your payment of the Subscription Fees. You understand and acknowledge that such payment processing will be subject to additional terms and conditions and policies that are specific to such Third Party Service, and that you must agree to be bound by such terms and conditions and policies before paying for the Service. Except as expressly provided in Section 5 below, all payment obligations are non-cancelable and all Subscription Fees paid are non-refundable.

C. Taxes. The Subscription Fees are exclusive of sales tax, use tax or any other taxes that may be required by applicable taxing authorities to be assessed on Subscription Fees. You are solely responsible for the payment of, and shall pay when due, all applicable federal and state taxes, including any sales, use, excise or transfer taxes and other taxes relating to the Service (except for taxes assessed on Apiary’s net income) (collectively, “Taxes”).

UPDATES

A. Pricing. We may make changes to the Subscription Fees for the Service (or any part thereof) at any time, by posting such notice to your account, sending it to your primary email address associated with your Account, or such other means as we deem appropriate. You understand that any fee increases will apply and will be charged to your Account on the first day of your next Subscription Term, unless you terminate (as provided in these Terms). If you do not agree with the applicable change in the Subscription Fees, then your sole and exclusive remedy shall be to terminate your Account (as provided in these Terms). If you elect to terminate your Account due to an increase in the Subscription Fees, you may request a refund of the monthly Subscription Fees you paid for the then current Subscription Term in which you terminated if such request is made within thirty (30) days of the date of the notice of such fee change. All such requests must be sent via an email to support@apiary.io.

B. Service. We reserve the right, at our sole and absolute discretion, to: (i) make any unscheduled deployments of changes, modifications, updates or enhancements to the Service (or any part, feature or functionality thereof) at any time, with or without notice, (ii) modify, add, disable or remove features or functionality of the Service, (iii) modify, add, disable or remove any Subscription or Subscription features, usage limitations, terms or pricing, which shall be applicable to you on the first day of the new Subscription Term, (iv) modify, add, disable or remove any content, information or other material made available on or through the Service, (v) modify, add, disable or remove any Third Party Services made available on, through or facilitated on or through the Services, and (vi) modify, remove or substitute any promotions or special offers, including, without limitation, removing any Free Account or Trial Period, made available on or through our Service. If you do not agree or object to any change we make to the Service, then your sole and exclusive remedy shall be to terminate your Account (as provided in these Terms), provided that if we make any material degradations to the Service (excluding any upgrades, enhancements, or mere substitution of features in or to the Service), and you elect to terminate your Account due to such change, you may request a refund of the monthly Subscription Fees you paid for the then current Subscription Term in which you terminated if such request is made within thirty (30) days after the date of the notice of such change. All such requests must be sent via an email to support@apiary.io.

C. Terms. We may make changes to these Terms from time to time. When we make changes to the Terms that we consider material, we will notify you of such changes, by posting such notice to your account, sending it to your primary email address associated with your Account, or such other means as we deem appropriate. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the revised Terms, your sole and exclusive remedy shall be to terminate your Account (as provided in these Terms).

PROPRIETARY RIGHTS

A. Our Proprietary Rights. We and our licensors own all rights, title, and interest in and to the Site, Service, any and all components of the Service, all user interfaces and design on the Service, all content of any kind originating with us on the Service, all Proprietary Information, and all analytics, statistics and other information associated with use of the Service (collectively, “Analytics”), and all proprietary and intellectual property rights related to all of the above. In no event shall you contest our ownership rights with respect to any of the foregoing. Except for the express licenses granted in Section 3.B, no other licenses are granted by Apiary under these Terms, by implication, estoppel or otherwise, and all rights not expressly granted in these Terms are reserved by Apiary.

B. Your Proprietary Rights. Subject to our rights in this Section 6, you shall own all right, title and interest in and to Your Content, including the API Documentation that you create using the Service.

C. Grant of Rights. With respect to Your Content, you hereby grant Apiary and its subsidiaries, affiliates, contractors, vendors, and agents a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, display, copy, distribute, modify and make derivative works of Your Content in connection with the Service, including the operation, maintenance, and improvement of the Service, and the compilation of Analytics. To the extent you make Your Content available through the Service, you hereby grant to your Team Members, other users of the Service, and anyone else that may have access to Your Content through the Service, a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Service. If you provide us with comments, suggestions, recommendations or other feedback with respect to the Service, including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service (collectively, “Feedback”), you hereby grant to us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and/or exploit, for commercial purposes or otherwise, the Feedback in connection with the Service or any of our other products and services know existing or later developed, without any obligation to you.

D. Proprietary Information. All technical and non-technical information concerning or relating to the Site and Service, including any source code, documentation, product roadmaps, business and marketing plans, and any information related to the foregoing constitutes our confidential and proprietary information (“Proprietary Information”). You agree to: (i) use the Proprietary Information only in connection with fulfilling your rights and obligations under these Terms; (ii) hold the Proprietary Information in strict confidence and exercise due care with respect to its handling and protection, consistent with your protection of your own Proprietary Information but not less than reasonable care; and (iii) not publish or disclose the Proprietary Information except for disclosures to employees who have entered into written confidentiality obligations no less stringent than those contained in these Terms, and then only on a “need-to-know” basis. You agree that any unauthorized disclosure of the Proprietary Information would cause us irreparable harm, and that in the event of any breach or threatened breach of the above confidentiality obligations, we shall be entitled to seek equitable relief in addition to any other remedy we may have at law or in equity.

E. Copyright Complaints. We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. If you believe that any content on our Service infringes on a copyright owned by you, please contact us at:

Ondrej Dolezal 325 9th Ave. San Francisco, CA 94103 support@apiary.io

PRIVACY

Any information that you provide to us in connection with the Service is subject to our Privacy Policy, which is incorporated into these Terms by this reference and located at https://www.iubenda.com/privacy-policy/323220 (“Privacy Policy”). You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us.

THIRD PARTY SERVICES AND CONTENT

A. Third Party Services. We may make available to you certain third party products or services for use in connection with the Service ("Third Party Services"). When you engage a third party’s website or service which is linked to, facilitated through or provided via our Service, you are interacting with the third party and not with us. These Third Party Services are not under our control and we are not responsible for the contents, functionality or performance of any Third Party Services, or any changes or updates to such Third Party Services maintained by the applicable third parties. You understand and agree that your use of those Third Party Services may be subject to additional terms and conditions and policies that are specific to such Third Party Services, and that you shall be bound by such terms and conditions and policies if you elect to use such Third Party Services. We make no representations or warranties with respect to any Third Party Services, be it express or implied. We are not responsible for the privacy practices of such Third Party Services nor any data or information you may share with or via such Third Party Services. You are solely responsible for determining the suitability of any Third Party Services that you elect to use in connection with the Service. Any and all use of such Third Party Services shall be at your sole risk.

B. Third Party Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on or through the Service (collectively, "Third Party Content") are those of their respective authors or producers and not ours. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through the Site and Service. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, nor do we endorse, any Third Party Content or any information or materials advertised in or through either of the foregoing. We will not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any Third Party Content.

DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SITE, SOFTWARE, AND SERVICE ARE PROVIDED “AS-IS,” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE, THAT THE SERVICE OR ANY THIRD PARTY SERVICE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE, ANY THIRD PARTY SERVICES, AND ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST, CORRUPTED OR DAMAGED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, SERVICE, AND/OR SOFTWARE SHALL BE AT YOUR SOLE RISK.

CLAIMS

You will indemnify, defend, and hold Apiary, its affiliates, and their respective officers, directors, employees, agents, contractors, licensors, partners and suppliers (each a “Covered Party” and collectively, the “Covered Parties”) harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and attorneys’ fees (“Claim(s)”) arising out of or related to:(i) Your use of and access to the Service; (ii) any of Your Content or Your Applications; (iii) any and all Taxes; (iv) your violation of these Terms; and (v) any harm or injury to third parties resulting from API Documentation that you create.

LIABILITY

A. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO CONTRACT, TORT, COMMON LAW, OR STATUTE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING THE SITE OR SERVICE, OR USE OF THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, DATA, CONTENT, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT UPON WHICH THE LIABILITY IS BASED.

B. THE PARTIES AGREE THAT THE PROVISIONS IN THIS SECTION 12 REPRESENT A FAIR ALLOCATION OF THE RISKS AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN, WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THESE TERMS.

TERM AND TERMINATION

A. Term. These Terms are effective upon the date you first accept them, and shall continue until the expiration or termination of your applicable Subscription Term.

B. Termination

(i) Termination by You. You may terminate your Account and these Terms at any time by sending a written notice to: support@apiary.io. Such termination shall be effective on the last day of your then current Subscription Term.

(ii) Termination by Us. We may terminate your Account and these Terms upon written notice to you, and such termination shall be effective on the last day of your then current Subscription Term. Additionally, we may terminate your Account, these Terms and your rights to access and use the Service (or any part thereof) for cause, immediately, without prior notice or liability to you, if in our sole determination: (a) you fail to pay any Subscription Fees when due, (b) you or your Team Members misuse the Service or violate or fail to comply with any provision of the Terms, (c) Your Content is infringing or violates the rights of any third party, (d) you failed to provide true or accurate information in connection with your Account registration, or (e) as required by applicable law.

(iii) Suspension of Service. Without limiting the above termination rights, we reserve the right, at any time and in our sole discretion, to temporarily suspend access to the Service (or any part thereof) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of Apiary’s network, hardware, or associated systems or those of its third party providers; (c) unplanned technical problems or outages; or (d) the actual or suspected violation of these Terms by you or any of your Team Members, including any non-payment of the Subscription Fees.

C. Effect of Termination. Upon the expiration or termination of these Terms for any reason, all licenses and other rights granted to you under these Terms, and all access to the Service, your Account, and Your Content, will immediately terminate. We have no obligation to retain Your Content upon termination of your Account. We do not represent or warrant that we will delete, preserve or maintain any of Your Content, including your API Documentation, for any specific period of time following any termination or expiration of these Terms. Regardless of the above, we shall be entitled to keep copies of any and all of Your Content necessary in order for us to comply with applicable laws. Sections 3.C, 3.D, 4.B, 4.C, 6 through 11, 12.B, 12.C, and 13 will survive any termination or expiration of your Account and these Terms.

GENERAL

A. Relationship of Parties. You and Apiary are independent contractors under these Terms and not partners, agents or joint venturers. Neither party will make any commitment, by contract or otherwise, binding upon the other or represent that it has any authority to do so. You understand that we reserve the right to offer and to provide the Service to third parties in our sole discretion. We may use your name, logo, trademarks and/or trade names to identify you as a customer of Apiary or in connection with our publicity releases, promotional material, customer lists, and/or advertising, marketing or business-generating efforts with your consent, not to be unreasonably withheld or delayed.

B. Force Majeure. We will not be liable to you for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including without limitation acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet or other service disruptions involving hardware, software or power systems not within our possession or reasonable control.

C. Governing Law. These Terms will be governed and construed under the laws of California without regard to conflicts of law provisions. Any dispute arising out of or relating to these Terms will be brought in the appropriate federal and/or state courts located in San Francisco County, California, and each party irrevocably submits to the jurisdiction and venue of such courts.

D. Compliance. You will comply (and will ensure that all Team Members comply) with all applicable laws in your use of the Service. You understand that the Service is subject to U.S. export control laws and regulations, and may be subject to the export and/or import laws and regulations of other jurisdictions. You may not export or re-export the Service or any part thereof, either directly or indirectly, in violation of such applicable laws and/or regulations.

E. Assignment. You may not assign these Terms or any rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may assign these Terms at any time in our sole discretion.

F. No Third-Party Beneficiaries. These Terms are solely for the benefit of you and Apiary. Except as expressly provided in these Terms, no other person or company is a third party beneficiary to these Terms.

G. Severability. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, such provision shall be struck from the Agreement, with the remaining provisions unaffected and in full force and effect.

H. Waiver. No failure or delay by either party in exercising or enforcing any right or provision under these Terms will constitute a waiver of that right.

I. Notices; Electronic Communications. By accepting these Terms and registering for the Service, you consent to receiving and we reserve the right to send you electronic communications or information regarding the Service, including sending emails to your email address provided during registration (or as updated by you), or posting communications on the Service, which may include notices about your Account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You also consent to receiving certain other marketing communications from us, such as promotional information and materials regarding our products and services. You will have the opportunity to opt-out of receiving such marketing communications should we send you such communications.

J. Entire Agreement. These Terms are the entire agreement between you and Apiary regarding the Services, and supersedes any and all prior written and oral agreements and understandings relating to the same. Except as expressly provided in these Terms, any modification of or changes to these Terms must be signed in writing by an authorized representative of each party. Regardless of the above, if a written agreement regarding your use of the Service exists between and has been executed by you and Apiary, the terms of that written agreement shall take precedence and supersede these Terms.

K. Information for California Residents. Pursuant to California Civil Code Section 1789.3, any questions, complaints, or inquiries about Apiary must be addressed to our agent for notice and sent via certified mail to:

National Registered Agents, Inc. 818 W. Seventh Street Los Angeles, CA 90017

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

L. Contact Us. You may contact us at support@apiary.io with any questions about our Site, Service or these Terms.