Terms of Use
TERMS OF USE
THE "SERVICE" AS DESCRIBED BELOW IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE AND SHOULD NOT BE RELIED UPON BY YOU AS SUCH ADVICE. THE CONTENT OF THE SERVICE MAY NOT BE SUITABLE FOR YOUR SITUATION. THE SERVICE IS INTENDED TO PROVIDE ONLY GENERAL, NON-SPECIFIC INFORMATION AND IS NOT INTENDED TO COVER EVERY ISSUE RELATED TO THE SUBJECT MATTER BEING DISCUSSED. THE SPECIFIC CIRCUMSTANCES OF YOUR SITUATION COULD MAKE YOUR DESIRED OUTCOME DIFFERENT THAN SUGGESTIONS FROM THE SERVICE. IF YOU NEED SPECIFIC ADVICE, YOU SHOULD OBTAIN THE ADVICE OF COMPETENT LEGAL OR TAX ADVISORS.
ADDITIONALLY, BY USING THE SERVICE, YOU UNDERSTAND AND AGREE THAT APUSA IS NOT ENGAGING IN THE BUSINESS OF REAL ESTATE BROKERAGE OR MANAGEMENT AND IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. BY USING THE SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICE OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. APUSA IS AN INDEPENDENT WEB-BASED PROVIDER OF EDUCATION AND REAL ESTATE RELATED APPLICATIONS AND DOES NOT CONTROL OR SUPERVISE, AND IS NOT AFFILIATED WITH, SAID AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND APUSA IS NOT RESPONSIBLE FOR THEIR ACTIONS, AS FURTHER DESCRIBED IN SECTION 10 BELOW.
Terms of Use
These Terms and Conditions of Use ("Terms of Use") apply solely to your access to, and use of, the website located at http://www.assetplanusa.com/, shop.assetplanusa.com as well as any other APUSA-controlled sites, regardless of domain name or IP address (the "Site”) and the education courses and all other content, products, information, software, services, features, links and functionality accessible through the Site (collectively, the "Service"). Reference to the term "APUSA" means the operator of http://www.assetplanusa.com/, AssetPlanUSA, Inc., whose principal place of business is 6695 E. Pacific Coast Hwy, Suite 100, Long Beach, California 90803. The Service features and capabilities may vary depending on the version or level of the Service provided with these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with APUSA, or its subsidiaries or affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by APUSA. As used in the Terms of Use and Privacy Policy, the terms "you," "your," "yourself" or "user" all refer to the person or entity using the Service in any way.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITE OR THE SERVICE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH APUSA, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITE. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR THE SERVICE.
1. Copyright, Limited License from APUSA and Trademarks
Unless otherwise indicated in the Site, the Service and all content and other materials on the Site including, without limitation, APUSA's logo, and all designs, text, graphics, pictures, information, data,
software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of APUSA or its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site and the Service, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
resell, lease, transfer, lend, timeshare, syndicate or commercially use of the Site, Site Materials or the Service;
decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site, or the Site Materials or the Service;
distribute, publicly perform or public display the Site, the Site Materials or the Service;
modify, adapt, translate, or create any derivative works of the Site, the Site Materials, the Service or any portion thereof;
use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
download, index or in any non-transitory manner store or cache any portion of the Site, the Site Materials, the Service or any information contained therein, except as expressly permitted on the Site;
remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Site, the Site Materials or the Service;
create or attempt to create a substitute or similar service or product through the use of or access to the Site, the Service or any proprietary information related thereto; or
use the Site, the Site Materials or the Service other than for its intended purpose.
Any use or attempted use of the Site, the Site Materials or the Service other than as specifically authorized herein, without the express prior written permission of APUSA, it's affiliates or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in APUSA's sole discretion.
Copyright Complaints
If you believe that any material on any of the Site infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:
Mariam Sattar, Esq.
Sattar Perkins LLP
1680 N. Vine St., Ste 718, Los Angeles, California 90028
Telephone: 323-476-1133
Facsimile: 323-872-5188
E-Mail: mariam@sattarperkins.com
To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit our Designated Agent or our designee's contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks
All logos and any other product or service name or slogan contained in the Site are trademarks of APUSA or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of APUSA or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "AssetPlanUSA" or any other name, trademark or product or service name of APUSA without our express prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of APUSA and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the APUSA.
2.Permitted Uses and Restrictions on Use
Subject to these terms and conditions of the Terms of Use and the Privacy Policy, APUSA will provide the Service that allows you to use the Service on the Internet. You have only a limited, non-exclusive, non-transferable ability to use the Service for your personal or internal business operations. Except as expressly stated herein, these Terms of Use are not a license agreement and your use of the Service does not grant you the status of a licensee. By entering APUSA or using the Service, you agree to the Terms of Use and Privacy Policy, including the Acceptable Use Policy which is part of the Terms of Use and is stated at the end of the Terms of Use. In the event you do not agree with any provision of the Terms of Use and Privacy Policy, do not use the Site or the Service. In order to use the Service, You must at your own expense obtain access to the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. The Service supports users whose principle residence or place of business is within the United States of America and U.S. Territories.
3.Registration and User Content
In consideration of your use of the Site and the Service, you represent that you are of legal age to form a binding contract and you agree to:
provide true, accurate, current and complete information about yourself as prompted by the registration form(s) on the Site ("Registration Data");
maintain and be solely responsible for the security of your password and identification;
maintain and promptly update the Registration Data and any other information you provide to APUSA, to keep it true, accurate, current and complete; and
accept all risks of unauthorized access to the Registration Data and any other information you provide to APUSA.
If you provide any information that APUSA has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, APUSA may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using the Site and the Service and submitting data, files, software, text (including but not limited to names of files, databases and directories), music, sound, photographs, video or any other material (collectively, the "User Content") to APUSA or a third party in connection with the Site or Service, you represent and warrant that: (i) you are the owner of such User Content, and (ii) the use of User Content by APUSA will not infringe or misappropriate the intellectual property rights or otherwise violate the rights of any third party. The User Content may include, but is not limited to, property addresses and characteristics, property photographs, sale price information, dates and names of parties including buyers, sellers, landlords, tenants, agents, agencies and vendors. By submitting User Content and Personal Information (as defined in the Privacy Policy) to the Site or the Service or a third party in connection with the Service, you hereby grant to APUSA a perpetual, worldwide, non-exclusive, non-terminable, royalty-free, sublicensable and transferable license to use, reproduce and prepare derivative works of such User Content and Personal Information for any lawful purpose and to display, distribute, give away or sell such User Content and Personal Information to any party or parties not prohibited by law in any media format and through any media channels.
4.Access, Passwords and Security
You may designate up to the number of users under your account, which corresponds to the level of Service you are receiving from APUSA, and you will be provided with access and passwords to such users, which you may assign to different individuals. You agree and understand that you are solely responsible for maintaining the confidentiality and use of access number(s), password(s), and account number(s) associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to APUSA for all activities that occur under your account. You will be responsible for all electronic communications, including account registration and other account holder information, course information and other data including any User Content ("Electronic Communications”) entered through or under your access number(s), password(s) or account number(s). APUSA will assume that any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you. If you become aware of any unauthorized use of your access number(s), password(s) or of your account(s), you agree to immediately notify APUSA at hafa@assetplanusa.com.
5.Member Conduct
By submitting any User Content to the Site or the Service, you warrant that: (i) you are the owner of such User Content, and (ii) the use of such User Content by APUSA will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. You agree to not use the Service to:
(a) interfere with or disrupt the Service or servers or networks connected to the Service; (b) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange; and (c) incite or provide instructional information about illegal activities.
6.General Practices Regarding Use, Storage and Service Access
You acknowledge that APUSA may establish from time to time general practices and limits concerning use of the Site and Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that APUSA has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted to or from the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your information as necessary to resolve the problem. You acknowledge that APUSA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7.Modifications to the Service and Terms of Use
Modifications to the Site or Service: APUSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof). You agree that APUSA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service or loss of access to the User Content. APUSA may specify from time to time the version(s) of related products required in order to use the Site or Service (e.g. supported browser versions).
Modifications to the Terms of Use: You agree that APUSA may modify the Terms of Use if necessary to comply with any other agreements that APUSA is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your continued use of the Site or the Service shall constitute your acceptance of the Terms of Use with the new modifications. If you do not agree to any of such changes, you should immediately cease all access and use of the Site or Service. You agree that such termination of your use of the Site or Service will be your sole and exclusive remedy if you do not wish to abide by any changes to the Terms of Use.
8.Charges/Credits/Termination
You agree to pay the then-current fees associated with the Service you choose. When you subscribe or purchase and provide payment information your credit card or bank account will be debited. APUSA reserves the right to modify its fees with or without notice.
9.Termination and Indemnity
You acknowledge and agree that APUSA may suspend or terminate your account and/or deny you access to, use of, or submission of User Content for, all or part of the Service, without prior notice, if you engage in any conduct that APUSA believes, in its sole discretion: (a) violates any term or provision of the Terms of Use, (b) violates the rights of APUSA or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, APUSA reserves the right to terminate membership accounts that remain inactive for a period of forty-five (45) days. You agree that upon termination of the Service, either by you or APUSA, APUSA may delete all User Content and information related to your account and may bar your access to your account and the Service including, but not limited to, access to any of your User Content entered into or used in connection with the Service. Further, you agree that APUSA shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold APUSA harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees and expenses) arising from: (i) any inaccuracy or falsity related to the User Content or the Personal Information (as defined in the Privacy Policy) and, (ii) your violation of the Terms of Use, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any intellectual property rights, violation of any proprietary right and invasion of any privacy rights. This obligation shall survive the termination of Service.
10.Hyperlinks and Affiliated Sites.
From time to time, APUSA may work with a number of partners or affiliates whose Internet sites may be linked or work in conjunction with the Site. The Site or Service may provide links or references to other Internet sites or resources. APUSA has no control over the content and performance of these sites,
including any partner and affiliate sites, and APUSA makes no claim, guarantee or representation regarding, and accepts no responsibility for, the quality, content, accuracy, currency, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of APUSA and APUSA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Further, APUSA assumes no responsibility for unintended objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. APUSA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by APUSA of any site or any information contained therein. When you leave the Site, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Site will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
11.APUSA and Third Party Proprietary Rights
You acknowledge and agree that the Site and the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information that may have been presented to you through the Site or Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
12.No Resale, Etc. of the Service
You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, give, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by APUSA for use in accessing the Service. You may not use, copy, modify or transfer the Service, in whole or in part, except as expressly provided in these Terms and Conditions. You agree to not make any attempt to decompile, disassemble or reverse engineer the Service or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Service.
13.Disclaimer of Representations and Warranties
NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT APUSA'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ANY CONTENT THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IN PARTICULAR, APUSA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SERVICE PROVIDED TO YOU AS A PART OF THE SERVICE WILL BE CORRECTED, AND
THAT ANY LAWS OR REGULATIONS DESCRIBED IN THE SERVICE HAVE BEEN DESCRIBED ACCURATELY OR COMPLETELY AND THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO STATE PROFESSIONAL LICENSING LAWS, THE GRAMM-LEACH-BLILEY ACT OF 1999, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APUSA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. APUSA, ITS SUBSIDIARIES AND AFFILIATES, FURTHER EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY USER CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR USER CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APUSA OR THROUGH OR FROM THE SITE OR THE SERVICE THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
14.Limitation of Liability
(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT APUSA, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, USE, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE OR OTHER INTANGIBLE LOSSES (EVEN IF APUSA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING). ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (i) THE USE OR THE INABILITY TO USE THE SERVICE, USER CONTENT AND/OR ANY INFORMATION; (ii) ANY CHANGES WHICH APUSA MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (iii) UNAUTHORIZED ACCESS TO, ALTERATION OF, DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR SERVICE ; (iv) YOUR FAILURE TO PROVIDE APUSA WITH ACCURATE ACCOUNT INFORMATION; (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE; (B) YOU ALSO AGREE THAT APUSA WILL NOT BE LIABLE FOR ANY (i) INTERRUPTION OF BUSINESS, (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE; (iii) CONTENT NON-DELIVERY, MIS-DELIVERY, ERRORS, OMISSIONS, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (iv) EVENTS BEYOND APUSA'S REASONABLE CONTROL; AND (C) IN NO EVENT SHALL APUSA'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO APUSA FOR THE SERVICE, BUT IN NO EVENT SHALL APUSA'S LIABILITY BE GREATER THAN ONE HUNDRED DOLLARS ($100.00). SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, APUSA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
15.General Information
The Terms of Use and Privacy Policy constitute the entire agreement between you and APUSA and govern your use of the Site and Service, superseding any prior agreements between you and APUSA (including, but not limited to, any prior versions of the Terms of Use and Privacy Policy) with respect to its subject matter. You agree that APUSA may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate, advertising or other APUSA services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Use and Privacy Policy shall be governed by the laws of the State of California without regard to any conflict of law provisions. You and APUSA agree to submit to the personal and exclusive jurisdiction of the state courts located within the County of Los Angeles, California and the federal courts in the central district of California. Notwithstanding this, you agree that APUSA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The Terms of Use and Privacy Policy do not limit any rights that APUSA may have under trade secret, copyright, patent, trademark or other laws. The failure of APUSA to exercise or enforce any right or provision of the Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms of Use and Privacy Policy 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 the Terms of Use and Privacy Policy remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Use and Privacy Policy must be filed within one (1) year after such claim or cause of action arose but no later than one (1) year after your use of the Service has terminated for any reason or be forever barred. The section titles in the Terms of Use and Privacy Policy are for convenience only and have no legal or contractual effect. The Terms of Use and Privacy Policy shall inure to the benefit of APUSA and its successors and assigns.
18.Survival
All representations and warranties contained herein, and Sections 1, 2, 3, 5, 8, 9, 10, 12, 13, 14 and 15 in the Terms of Use and all of the Provisions of the Privacy Policy, shall survive after your use of the Service has terminated for any reason.
19.Online Course Fee Refund Policy
Due to the nature of our products once a student registers and has access to our courses there will be NO REFUND. ALL SALES ARE FINAL. NO EXCEPTIONS
