Terms and Conditions of Use
YOUR USE OF THE AMERICAN PPN, INC. WEB SITE CONSTITUTES YOUR ACKNOWLEDGEMENT AND AGREEMENT TO BE SUBJECT TO AND BOUND BY THESE SPECIFIC TERMS AND CONDITIONS OF USE.
This web site, with all of its different features and content ("Web Site") is a limited service offered for access by American PPN, Inc., or its affiliates ("APPN") and all content, information, services and software ordered or provided on or through this Web Site ("Content") may be utilized only under the terms and conditions ("Terms of Use") as follows:
1. Web Site Limited License. As a user of this Web Site, you are given a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. APPN may terminate this license at any time for any reason.
2. Limitations on Use; Third Party Communications.
2.1. Limitations on Use. The Content on this Web Site is only for your personal use and is not for commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without APPN's prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
2.2. Third Party Communications. APPN disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. APPN assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Web Site.
3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. APPN has subscribed an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. APPN reserves the right to remove any Content that allegedly infringes another person's copyright. APPN will terminate, in appropriate circumstances, subscribers and account holders of the APPN's system or network who are repeat infringers of another person's copyright. Notices to APPN regarding any alleged copyright infringement should be directed to American PPN, Inc. at 433 East Las Colinas Boulevard, Suite 1050, Irving, Texas 75039.
6. License of Your Content to APPN. By posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, "Postings") for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) APPN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against APPN for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to APPN.
8. No Solicitation. You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, and solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the APPN.
9. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. APPN will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
10. Application. Certain sections of this Web Site require you to subscribe. If an application is requested, you agree to provide accurate and complete application information. It is your responsibility to inform APPN of any changes to that information. Each application is for a single individual only, unless specifically designated otherwise on the application page. APPN does not permit (a) anyone other than you to use the sections requiring application by using your name or password; or (b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify APPN immediately.
11. Errors and Corrections. APPN does not represent or warrant that this Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. APPN does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. APPN may make improvements and/or changes to its features, functionality or Content at any time.
12. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. APPN shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site.
14. Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. APPN disclaims all responsibility for your compliance with these Rules.
15. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. APPN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. APPN DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE CONTENT, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE AND THE CONTENT.
16. LIMITATION OF LIABILITY. APPN SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE OR THE CONTENT. APPN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, APPN'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $300.00.
17. Indemnification. You agree to indemnify, defend and hold APPN, its officers, directors, employees, agents, and licensors, harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.
18. Third Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of APPN and its officers, directors, employees, agents, and licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
19. Unlawful Activity. APPN reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.
20. Remedies for Violations. APPN reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other APPN web sites and their features.
21. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
22. Severability of Provisions. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
24. Modifications to Terms of Use. APPN reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.