These Terms of Service (these “Terms”) are entered into by and between you and Aeternum Resources, Inc. (“Aeternum,” “we,” or “us”). These Terms govern your access and use of our website, https://aeternumresources.com/ (the “Website”) and its Content (as defined below). Please read these Terms carefully. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to comply with these Terms, you must not access or use the Website.
The Website is offered and available to users who are the age of majority in their respective jurisdictions of residence. By accessing or using the Website, you: (a) accept these Terms and agree to be bound by its terms; and (b) represent and warrant that you are the age of majority in your jurisdiction.
THESE TERMS CONTAIN A WAIVER OF THE RIGHT TO FILE A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING AND THE RIGHT TO A JURY TRIAL. YOU UNDERSTAND THAT BOTH OF US ARE GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AND THE RIGHT TO A JURY TRIAL.
CHANGES TO THESE TERMS
Aeternum may update or modify these Terms at its sole discretion at any time. Such changes shall be effective immediately upon notice to you, which may be given by any means including by posting on the Website or by any other means by which you obtain actual or constructive notice thereof. Continued use of the Website after any such update or modification to the Agreement shall constitute your agreement and consent to such changes.
- The Website
- Use of the WebsiteSubject to your compliance with these Terms, Aeternum grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Website and related Content solely for personal or informational purposes. Any other use of the Website or any Content without the express written permission of Aeternum is prohibited.
- PrivacyWe collect certain information when you use the Website. For information regarding how we collect, use, and disclose personal information in connection with the Website, please see our privacy policy posted on the Website.
- Modifications; ContinuityAeternum may modify, suspend, or discontinue the Website and any Content in whole or in part at any time without liability to you or any other third party.
- Third-Party LinksThe Website may include links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Intellectual Property Rights and Data
- Ownership and Intellectual Property RightsAs between you and us, Aeternum owns and retains all right, title, and interest in and to the Website, including but not limited to all information, software, text, displays, images, drawings, designs, software applications, video and audio, photographs, graphics, messages, postings, files, documents, and other materials and its design, selection, and arrangement (“Content”), and all modifications or enhancements to the Website, including all related intellectual property rights. These rights are protected by U.S. and international intellectual property laws. The trademarks and service marks displayed on this site are trademarks owned or licensed by Aeternum. All rights not expressly granted in these Terms are reserved by Aeternum.You may not access, copy, modify, reproduce, publicly display, transmit, distribute or create derivative works from the Content for any purpose without Aeternum’s prior written consent. You may not use the Content on any other website, social media site, or networked computer environment (such as an intranet or extranet) for any purpose without the prior written permission of Aeternum, which may be granted or denied in our sole discretion. Unauthorized use of the Content may violate our intellectual property rights or the intellectual property rights of others. If you fail to comply with these Terms, your authorization to use the Website and its Content will automatically terminate.
- Feedback and SuggestionsIf you provide any feedback, feature ideas, improvement or other suggestions to Aeternum related to the Website or its Content, you hereby grant Aeternum a worldwide, perpetual, irrevocable, non-exclusive, transferable and sublicensable (through multiple tiers), and royalty-free license to use, reproduce, modify, distribute, and otherwise exploit that feedback for any purpose at Aeternum’s sole discretion, without restriction or compensation of any kind.
- Usage Data
- Aeternum may collect, retain and use your transactional, usage, performance and other data and metadata (e.g., usage behavior, performance metrics, click patterns) to improve the Website provided in each case that such information does not identify you or any natural person (“Usage Data”). Please note that Usage Data is not personal information and is not subject to our privacy policy.
- You acknowledge and agree that Aeternum owns all right, title, and interest in and to Usage Data collected or generated by Aeternum.
- Acceptable Use of the Website
- Restricted Uses of the WebsiteYou agree to only use the Website in compliance with all applicable laws, and only for lawful internal business purposes.You agree not to, and not to permit others to:
- Misrepresent your affiliation with Aeternum or any third party or create the false appearance that any program, person, or entity is associated with you, Aeternum, the Website, or any third party.
- Use the Website for any fraudulent, deceptive, or inappropriate purpose.
- Use the Website to upload, transmit or distribute unlawful, defamatory, harassing, abusive, fraudulent, obscene, offensive, or harmful content, including viruses or malware.
- Engage in activities that could render the Website inoperable, interfere with the Content or the functionality of the Website, or make use of the Website more difficult.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website or the Website’s servers.
- Use the Website in a manner which infringes or misappropriates the intellectual property rights of Aeternum or any third party.
- Use the Website in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of Aeternum, its affiliates, service providers, employees, customers, or other Website visitors, and the goodwill associated with Aeternum’s name, symbols, logos, or other trademarks.
- Attempt to reverse-engineer, decompile, hack, delete, augment, alter, disassemble or interfere with any element of the Website.
- Make any copies, or derivative works of; or modify, reproduce, adapt, or exploit the Website or its Content without the written permission of Aeternum.
- Transmit, broadcast, display, perform, reproduce, publish, reuse, sell, distribute, sublicense, lease, rent, license, transfer the Website or its Content in whole or in part.
- Use the Website for developing or offering a competitive solution (or contract with a third party to do so).
- Remove or alter any of the logos, trademarks, patent or copyright notices, confidentiality or proprietary legends, or other notices or markings within the Website.
- Use automated tools (e.g. bots, scrapers, crawlers) to extract Content from any part of the Website.
- Use the Content of the Website in any large language model or any artificial intelligence technology.
- Use the Website in a manner that violates any applicable local, state, national or international laws, rules or regulations.
If you become aware of any actual or threatened activity that is prohibited in this Section 3, you must immediately:
- take all reasonable and lawful measures within your respective control that are necessary to stop the activity or threatened activity and to mitigate its effects, including, where applicable, by discontinuing and preventing any unauthorized access to the Website; and
- notify Aeternum of any such actual or threatened activity.
- Linking to the WebsiteThird parties may link to the Website, as long as the following conditions are met:
- Links must be to the homepage of the Website.
- Links must use the plain text name of the site (www.aeternumresources.com) or the full name of the company (Aeternum Resources) and must not use any other logo, design, or trademark of Aeternum.
- Links must not give the impression that the third-party website or the third party is affiliated with, sponsored by, or in a relationship with Aeternum or suggest that Aeternum endorses, sponsors, or recommends the third party or any information, products, or services of the third party. The third party must not include any Content from the Website on its site (such as by framing).
- Aeternum Resources reserves the right to terminate any link that it deems inappropriate or inconsistent with the Website or its business purposes.
- Restricted Uses of the WebsiteYou agree to only use the Website in compliance with all applicable laws, and only for lawful internal business purposes.You agree not to, and not to permit others to:
- Termination
- Aeternum may suspend, downgrade, or terminate your access to the Website without prior notice and without liability if Aeternum reasonably believes that you have violated any of the terms and conditions of these Terms, or for any other reason, in Aeternum’s discretion.
- Upon expiration or earlier termination of these Terms, all rights granted to you under these Terms will also terminate, and you shall immediately discontinue use of the Website.
- DisclaimerEXCEPT AS EXPRESSLY PROVIDED ABOVE, THE WEBSITE, INCLUDING ANY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. AETERNUM DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR NON-INTERFERENCE. NO WARRANTY IS MADE BY AETERNUM ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.AETERNUM DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. AETERNUM IS NOT RESPONSIBLE FOR THE OPERATION OF THE INTERNET, ANY HARDWARE, SOFTWARE, CONTENT, OR OTHER ELEMENTS PROVIDED BY THIRD PARTIES, DAMAGES THAT RESULT FROM DOWNLOADING ANY CONTENT THROUGH THE WEBSITE, OR THE FAILURE OF ANY NETWORKS USED IN CONNECTION WITH THE WEBSITE.
- IndemnificationYou are responsible for the content and data that you upload to Aeternum and for your use of the Website; we are not responsible for your content or for your use of our Website. Accordingly, you agree to indemnify, defend, and hold harmless Aeternum and its affiliates, and its and their officers, directors, employees, and agents from and against any third-party claims, suits, demands, losses, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from or related to: (a) any access or use of the Website by you; (b) any content or data uploaded or made available by you to or through the Website; or (c) any actual or alleged violation or infringement of applicable laws, regulations, or third-party rights by you.
- Limitation of Liability
- IN NO EVENT SHALL AETERNUM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE MAXIMUM EXTENT ALLOWED BY LAW, AETERNUM’S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
- THE ABOVE LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY OTHER REMEDY.
- Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages and may not allow the selection of governing law. If you reside in such a jurisdiction, the exclusions and limitations of these Terms will apply only to the maximum extent permitted by the governing law selected under Section 8, or if such law is held not to govern, to the maximum extent permitted by applicable law.
- Dispute Resolution
- Governing LawThese Terms and any Dispute (as defined below) between us shall be governed by and construed in accordance with the laws of the Delaware, without regard to its conflict of laws principles.
- VenueAll claims and disputes, including statutory claims and disputes, arising out of or relating to these Terms or your access to or use of the Website, whether based in contract, tort, statute, or any other legal theory (“Dispute”) shall be brought exclusively in the local or federal courts located in the District of Columbia. Each party consents to the personal jurisdiction and venue of such courts and waives any objection to such jurisdiction based on forum non conveniens or otherwise.
- Jury WaiverEACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO A DISPUTE.
- Class WaiverWE EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR AETERNUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED PROCEEDINGS.
- Statute of LimitationsANY DISPUTE BROUGHT BY YOU AGAINST AETERNUM MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
- Miscellaneous
- NoticesAll notices to Aeternum under these Terms or sent in connection with the Website must be in writing and will be deemed delivered: (a) when sent by email to the designated contact with confirmation of delivery, or (b) three business days after being sent by overnight delivery by a nationally recognized courier to Aeternum’s address.
- Entire AgreementThese Terms constitute the entire agreement between you and Aeternum regarding its subject matter and supersedes all prior and contemporaneous agreements, proposals, or communications, whether oral or written, relating to the subject matter.
- AssignmentYou may not assign or transfer any rights or interest to these Terms without Aeternum’s prior written consent. Aeternum may freely assign these Terms in connection with any merger, acquisition, corporate reorganization, or sale of substantially all its assets, without notice to you.
- SeverabilityIf any provision of these Terms is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions will remain in full force and effect and will be enforced to the maximum extent permitted by applicable law.
- SurvivalUpon termination, all rights granted to you under these Terms will immediately cease, but all provisions that by their nature should survive termination shall survive, including the following: Section 2 (Intellectual Property Rights and Data), Section 4(b) (Effect of Termination), Section 5 (Disclaimer), Section 6 (Indemnification), Section 7 (Limitation of Liability), Section 8 (Dispute Resolution), and Section 9 (Miscellaneous).
- WaiverAny failure by Aeternum to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later. A waiver of any right under these Terms will be effective only if in writing and signed by an authorized representative of Aeternum.
- Electronic CommunicationsThe communications between you and Aeternum use electronic means. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically, including, without limitation, these Terms, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.