Terms and Conditions

Introduction

These Terms and Conditions (these “Terms and Conditions”) govern your use of the Athenium LLC Website (the “Website”); by using this Website, you accept these Terms and Conditions in full.   If you are unable to comply or disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Website.

License to use website

Unless otherwise stated, Athenium LLC owns the intellectual property rights in the Website and all of the material on the Website.  All these intellectual property rights are reserved to Athenium LLC, subject to the following license:

You may view pages, print pages, and download available documents from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

You shall not:

  • republish material from this Website (including republication on another Website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
  • edit or otherwise modify any material on the Website; or
  • redistribute material from this Website (except for content specifically and expressly made available for redistribution)

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Athenium LLC’s express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without Athenium LLC’s express written consent.

No warranties

This Website is provided “as is” without any representations or warranties, express or implied.  Athenium LLC makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Athenium LLC does not warrant that:

  • this Website will be constantly available, or available at all; or
  • this Website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Athenium LLC will not be liable to you (whether under the law of contact, tort or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • for any indirect, special or consequential loss; or
  • or any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability shall apply even if Athenium LLC has been expressly advised of the potential loss.

Exceptions

Nothing in these Website Terms and Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms and Conditions  will exclude or limit Athenium LLC’s liability in respect of any matter which it would be illegal or unlawful for Athenium LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

Other parties

You accept that, as a limited liability entity, Athenium LLC has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring and expressly waive any claim personally against Athenium LLC officers or employees.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms and Conditions will protect Athenium LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Athenium LLC.

Indemnity

You hereby indemnify Athenium LLC and undertake to keep Athenium LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Athenium LLC to a third party in settlement of a claim or dispute on the advice of Athenium LLC’s legal advisers) incurred or suffered by Athenium LLC arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Breaches of these terms and conditions

Without prejudice to Athenium LLC’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Athenium LLC may take such action as Athenium LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Variation

Athenium LLC may revise or amend these Terms and Conditions from time-to-time in its sole and absolute discretion.  Revised or amended Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Athenium LLC may transfer, sub-contract or otherwise deal with Athenium LLC’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Athenium LLC in relation to your use of this Website and supersede all previous agreements in respect of your use of this Website.

Law and jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, and any disputes relating to these Terms and Conditions will be subject to the [non-]exclusive jurisdiction of the courts of Washington, D.C.