Terms of Use:
LAST REVISED January 20, 2010
These Terms of Use shall apply to all websites owned and/or operated by the APLAF Inc., including without limitation the website on which these Terms of Use are posted and APLAF’s parents, subsidiary and/or affiliate entities whether or not referred to directly as APLAF or The APLAF Inc. APLAF maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by APLAF (the "APLAF Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and APLAF’s Privacy Policy separately provided, as well as all applicable laws and regulations. If you do not agree with these Terms of Use, you are not authorized to use the APLAF Sites and must not access or use them. APLAF may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the APLAF Sites indicates your agreement with any such changes.
You further understand and agree that any updates, enhancements or added features of any APLAF Sites or services shall be made part of these Terms of Use. Additionally, certain of the APLAF Sites may be subject to registration, processing and handling fees and/or subject to additional terms of use (e.g. eteamz.com). You are responsible for promptly paying those fees to insure your right to access the associated APLAF Sites and/or services.
1. Copyright.
Ownership. All content included on the APLAF Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of APLAF or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the APLAF Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by APLAF or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the APLAF Sites, services, products or software, in whole or in part.
Copyright Complaints. APLAF respects the intellectual property of others, and we ask our content partners and APLAF members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the APLAF Sites in a way that constitutes copyright infringement, you may notify APLAF by providing APLAF's copyright agent the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
4. Identification of the URL or other specific location of the APLAF Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
5. Your name, address, telephone number and e-mail address.
6. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
7. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Permitted Use. The content and software on the APLAF Sites may be used as a licensed software service, information source, registration application and/or shopping resource. In addition, APLAF hereby authorizes you to view, copy, download, and print for personal use only any APLAF-owned content on the APLAF Sites.
1.1 a) APLAF shall retain all right, title and interest in and to the Product and its Software, trademarks, service marks, logo and trade names worldwide (“Intellectual Property”) subject to a limited license necessary to perform this Agreement. You shall use the Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, or act or permit action in any way that would impair APLAF’s rights in its Intellectual Property. You acknowledge that your use of the Intellectual Property shall not create in you or any other person any right, title or interest in or to such Intellectual Property. Any goodwill accruing from the use of the Intellectual Property shall inure solely to the benefit of APLAF.
b) APLAF hereby grants to you a limited, non-exclusive, nontransferable permission (i) to use the Product “AS-IS” and in accordance with APLAF’s specifications and Terms of Use, and (ii) to display, reproduce, distribute and transmit in digital form APLAF’s name and logo in connection with promotion of the Services. You hereby grant to APLAF a limited non-transferable license to use, display, reproduce, distribute, modify and transmit in digital or printed form information provided by you relating to your organization, including your organization’s name, trademarks, service marks and logo, in connection with the implementation and promotion of the Services and the promotion of your organization and APLAF’s Services.
c) The Software is owned by APLAF and its structure, organization, and code are the valuable trade secrets of APLAF and its affiliated companies. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software in any way. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You acknowledge that violation of the terms of this section may cause irreparable harm to APLAF, it’s Members, Shareholders, and or Assigns and that you will be held responsible for these damages should you or any company, firm, or individual you allow to view or access the Software, Services, and or accompanying files, documents and materials, not adhere to these terms and conditions.
APLAF's agent for notice of claims of copyright infringement on the APLAF site can be reached as follows: General Counsel, APLAF Inc., PO BOX 4468 #22490 New York NY 10163-4668, Phone 1-800-211-6995 Fax 866-421-2210.
2. Permitted Use of APLAF Trademarks
APLAF trademarks identify APLAF products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to APLAF. Other uses require written permission from APLAF, and absent such express permission, you agree not to use or display the APLAF trademarks in any manner. Please make such requests by e-mail to
Info@Imperisoft.com.
APLAF’s Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks” indicating APLAF LLC as the identified owner.
3. User Submissions and Content
APLAF may provide interactive areas on the APLAF sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not APLAF, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the APLAF Sites. APLAF does not control the Content posted via the APLAF Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the APLAF Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will APLAF be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the APLAF Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
APLAF does not claim ownership of any Content submitted and/or posted by you on any APLAF Site(s). However, by submitting and/or posting any Content to the APLAF Sites, you grant APLAF a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the APLAF interactive areas and APLAF Sites, you agree not to:
1. Impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of APLAF.
2. Use an inappropriate member name of any kind.
3. Target or harm minors in any way.
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the APLAF Sites.
5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the APLAF Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
10. Interfere with or disrupt the APLAF Sites or servers or networks connected to the APLAF Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the APLAF Sites.
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
12. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
13. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
14. "Stalk" or otherwise harass another; and/or
15. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
The foregoing actions shall constitute a material breach of these Terms of Use. APLAF reserves the right to delete from the APLAF Sites any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with APLAF. You acknowledge that APLAF may or may not pre-screen Content, but that APLAF and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the APLAF Sites. Without limiting the foregoing, APLAF and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by APLAF or submitted to APLAF, including without limitation information in APLAF Message Boards and in all other parts of the APLAF Sites.
You acknowledge, consent and agree that APLAF may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of APLAF, its users and the public.
You understand that the technical processing and transmission of the APLAF Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the APLAF Sites and software embodied within the APLAF Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by APLAF and/or content providers who provide content to the APLAF Sites. You may not attempt to override or circumvent any of the usage rules embedded into the APLAF Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the APLAF Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to APLAF through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) APLAF is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) APLAF shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) APLAF may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of APLAF without any obligation of APLAF to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from APLAF under any circumstances.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against APLAF with respect to such sites.
In addition, you may order services or merchandise through the APLAF Sites from other persons not affiliated with APLAF ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the APLAF Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. APLAF makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider APLAF, nor will APLAF be construed as, a party to such transactions, whether or not APLAF may have received some form of revenue or other remuneration in connection with the transaction. You agree that APLAF will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
APLAF and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. APLAF makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither APLAF nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from APLAF such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the APLAF Sites and services and that you may not be able to opt out of receiving such communications in every instance.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify APLAF of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to APLAF, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or APLAF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. APLAF has the right to immediately suspend or terminate your account and refuse any and all current or future use of the APLAF Sites or related products and services (or any portion thereof). APLAF makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, you also give your child permission to access many areas of the APLAF Sites related to the registration, including email, message boards and other registration related information. Please remember that the APLAF Sites and APLAF services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the APLAF Sites areas and/or content are appropriate for your child.
Registration data and certain other information about you is subject to APLAF’s Privacy Policy located at:
http://www.APLAF.com/Legal/privacy.htm Through your use of the APLAF Sites and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by APLAF and its affiliates.
Charges and Billing for Certain APLAF Sites. Certain of the APLAF Sites may require payment of usage or access fees. By registering for those APLAF Sites, you hereby authorize APLAF to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, APLAF will be charging your designated credit card in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify APLAF of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
APLAF reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which APLAF does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after APLAF posts such modification on the applicable APLAF Site(s). APLAF also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your Account or any associated optional or upgraded services therefore at any time, but APLAF will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to APLAF when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that APLAF may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain APLAF Sites shall in no way limit any other remedies available to APLAF. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify APLAF of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify APLAF within sixty (60) days, you waive any right to dispute such problems or discrepancies
Donations on APLAF Sites. There is no upfront charge to you for using APLAF’s Sites permitting the submission of monetary donations. However, each online donation will require the organization to pay a processing and handling charge equal to 6.5% of the donated amount plus $1.00 (subject to change by APLAF in its sole discretion). Such charges shall be collected by APLAF. Fees collected from online registrants will be sent in regular intervals to the designated charitable organization in accordance with contract and law, less APLAF’s processing and handling fee. All donations are the exclusive property of you and/or the charitable organization designated to receive the donation. Any refunds shall be exclusively and directly handled the designated charitable organization. APLAF shall not be responsible for processing or making any refunds.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF APLAF SITES IS AT YOUR SOLE RISK. APLAF IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APLAF AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE APLAF SITES OR OTHERWISE BY APLAF IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER APLAF NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN APLAF, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. APLAF ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON APLAF CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON APLAF.
APLAF makes no warranty that the APLAF Sites' services will be uninterrupted, secure or error free. APLAF does not guarantee the accuracy or completeness of any information in, or provided in connection with, the APLAF Sites. APLAF is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the APLAF Sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of Liability
APLAF, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APLAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE APLAF SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APLAF SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH APLAF; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY APLAF; (E) PERSONAL INJURY NOT CAUSED BY APLAF’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APLAF SITES; OR (H) ANY OTHER MATTER RELATING TO THE APLAF SITES, OR APLAF PRODUCTS OR SERVICES. YOU AGREE THAT APLAF’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY APLAF FROM YOU WITHIN THE PAST 90 (NINETY) DAYS.
8. Indemnification
You agree to defend, indemnify and hold harmless APLAF, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of APLAF’s services; the APLAF Sites; any other websites accessed from or affiliated with the APLAF Sites; any products purchased off of the APLAF Sites or websites available from or related to the APLAF Sites; the use by you of any training programs purchased through APLAF; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the APLAF Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
9. Termination
APLAF reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the APLAF Sites and/or any other service provided to you by APLAF upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that APLAF determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the APLAF Sites and/or APLAF services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with APLAF is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by APLAF as part of your use and registration of the APLAF Sites. APLAF shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to APLAF for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by APLAF in its sole discretion without any notice or liability to you. APLAF shall not be liable to you or any third party for any termination of your account, any associated account, related or identifying information, or denial of access to the APLAF Sites and/or APLAF services.
10. Applicable Law; Consent to Jurisdiction
The APLAF Sites (excluding linked sites) are controlled by APLAF from its offices within the State of Arizona, United States of America. The APLAF Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing the APLAF Sites both you and APLAF agree that the statutes and laws of the State of Arizona, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the APLAF Sites.
You agree that exclusive jurisdiction for any dispute with APLAF, or in any way relating to your membership or use of APLAF, resides in the courts of the State of Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any dispute including any claim involving APLAF or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. UNSOLICITED IDEA SUBMISSION POLICY.
APLAF OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN APLAF'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO APLAF. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO APLAF OR ANYONE AT APLAF. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT APLAF MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
12. Miscellaneous
APLAF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the APLAF Sites and/or APLAF services (or any part thereof) with or without notice. APLAF shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. APLAF may assign its rights and obligations under these Terms of Use and upon such assignment APLAF may be relieved of any further obligation hereunder.
You represent to APLAF that you have the authority to register with APLAF according to these Terms of Use. The failure of APLAF to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. With your prior approval, APLAF reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information. APLAF may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the APLAF Sites. Except for certain APLAF licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.
13. Contact
Please report any violations of these Terms of Use by contacting APLAF LLC, Attn: General Counsel PO BOX 4668 #22490 New York, NY 10163-4668. Phone: 1.800-211-6995
|