ApprenticeIS.com Terms and Conditions
PLEASE CAREFULLY REVIEW THE TERMS OF
USE OF THIS WEBSITE.
This Agreement sets forth the terms and conditions which
apply to your use of the ApprenticeIS.com website (the “Website”) and any
other product or service offered for sale by Apprentice Information Systems,
Inc. (“AIS”) through the Website. The right to use the Website and
any other product or service offered by AIS through the Website is personal
to you and is not transferable to any other person or entity.
1. Definitions
"Service" means the on-line information, including, but
not limited to product information, ordering information, e-mail, messages,
shopping and interactive services operated by AIS through the Website.
"User" means each person who uses the Service or purchases
any products from AIS.
2. Changes In the Service or Terms of Usage
AIS has the right at any time to modify, change or discontinue
any aspect or feature of the Service, including, but not limited
to, content, hours of availability, registration requirements
and equipment needed for access or use of the Website. AIS also has
the right at any time to impose, change, or modify the terms
and conditions applicable to use of the Service, or any part
thereof, or to impose new terms and conditions. Such
changes, modifications, additions, or deletions will be effective
immediately upon notice thereof, including, but not limited to,
posting on the Website a revised version of this Agreement or
notification by electronic or conventional mail. Any use of the Service
by the User after such notice constitutes acceptance by the User
of such changes, modifications, additions, or deletions. The
User agrees to periodically review the ApprenticeIS.com Website
Agreement.
3. User Conduct
a) The User agrees to use the Service for lawful
purposes only and agrees not to post or transmit any material that violates
or infringes in any way upon the rights of others; that is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane, indecent or otherwise objectionable; that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any law. No conduct may be undertaken that, in AIS judgment and sole
discretion, restricts or inhibits any other user from using or enjoying the
Service. The User agrees not to post or transmit on the Website advertising
or other commercial solicitations.
b) User agrees not to upload, post, or otherwise
make available on the Website any material protected by copyright, trademark
or other proprietary right without the express written permission of the
owner of the copyright, trademark or other proprietary right. By communication
with the Website, each User hereby represents and warrants that the User
has all necessary rights for the materials, communications, or other information
that the User has provided, transmitted or sent to the Website. The
User is solely liable for any damages resulting from any infringement of
a third-party’s copyright, patent, trademark, service mark or other proprietary
rights, or any other harm resulting from any uploading, posting or submission
of material on the Website.
4. Intellectual Property
a) The Service and Website contain both publicly
available information as well as copyrighted material and other
proprietary information, which is exclusively owned by AIS. In
regards to the copyrighted and proprietary information, the
User may not reproduce, copy, prepare derivative works, distribute,
perform, display, print, publish, upload, post, or transmit in
any way any copyrighted and proprietary material
from the Website including, but not limited to, text, images,
code and software, without the express written consent of AIS.
AIS hereby grants to User a non-exclusive, royalty-free license to download
material from the Website, provided that User will not
make any modification to, changes in, or deletion of author attribution,
trademark, copyright or other proprietary notices. All rights
not expressly granted herein are reserved. Each
User acknowledges that he or she does not acquire any ownership
rights by using the Service or downloading material from the
Website.
b) AIS, ApprenticeIS.com, ARCountyData.com, CountyService.net,
are trademarks and service marks of AIS and all rights are reserved. All
other trademarks, service marks and trade dress appearing on the Service
are the property of their respective owners, including, in some instances,
AIS.
c) User hereby grants to AIS a royalty-free, paid-up,
irrevocable, non-exclusive right and license to use, reproduce, copy, prepare
derivative works, distribute, perform, display, print, publish, upload, post,
or transmit any message posted on the Website (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. Notwithstanding the above, all personal information
provided to AIS will be handled in accordance with AIS’s Privacy Policy.
5. Third-Party Content
The Service contains content supplied by parties other
than AIS. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by such third parties,
including information providers and Users, are those of the respective author(s)
or distributor(s) and not of AIS. Neither AIS nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
6. Disclaimer of Warranties and Limitation of Liability
a) EACH USER EXPRESSLY AGREES THAT THE USER’S USE
OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER AIS, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS
OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
b) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. EACH USER SPECIFICALLY ACKNOWLEDGES THAT AIS IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES,
INCLUDING OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH EACH USER.
c) EXCEPT AS PROVIDED FOR HEREIN, IN NO EVENT WILL
AIS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING THE SERVICE OR ANY MERCHANDISE PROVIDED THROUGH THE SERVICE
BE LIABLE TO USER FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, LOST PROFITS, LOST REVENUE,
AND DAMAGES RELATING TO THE PURCHASE AND/OR USE OF ANY PRODUCTS PROVIDED
THROUGH THE SERVICE, USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OUT
OF THE BREACH OF ANY WARRANTY, THE USE BY THE USER OF ANY BROWSER OWNED OR
OPERATED BY ANY PARTY, INCLUDING AIS, AND/OR THE DOWNLOADING OF ANY SOFTWARE
OWNED OR OPERATED BY ANY PARTY, INCLUDING AIS, EVEN IF THE PARTIES HAVE KNOWLEDGE
OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE CLAIM IS MADE
FOR BREACH OF CONTRACT, BREACH OF WARRANTY, IN TORT OR OTHERWISE. THE
ONLY WARRANTIES PROVIDED BY AIS ARE THOSE SPECIFICALLY SET FORTH IN THIS
AGREEMENT, AND SUCH LIMITED WARRANTIES ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
d) AIS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE
POSTING MADE ON THE WEBSITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL
AIS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION
OBTAINED THROUGH THE SERVICE AND/OR ANY POSTINGS ON THE WEBSITE. IT IS THE
RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE
WEBSITE.
e) AIS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY
PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, EACH USER SHOULD USE HIS OR HER BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
7. Monitoring
AIS has the right, but not the obligation, to monitor the
content of the Service to determine compliance with this Agreement and any
other operating rules established by AIS. AIS has the right, in its
sole discretion, to edit, refuse to post or remove any material submitted
to or posted on the Website. Notwithstanding the above, each User remains
solely responsible for the content of their messages and each User agrees
that AIS neither assumes nor will have any liability for any action or inaction
by AIS with respect to any conduct, communication or posting on the Website.
8. Indemnification
Each User agrees to defend, indemnify, and hold harmless
AIS, its affiliates, and their respective directors, officers, employees,
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of the Service by the User.
9. Termination
Either AIS or User may terminate this Agreement at any
time. User’s only right with respect to any dissatisfaction with (i) any
terms and conditions of this Agreement, (ii) any policy or practice
of AIS in operating the Service, or (iii) any content available
through the Service or any change therein, is to terminate this
Agreement by sending a written notice by e-mail to info@apprenticeis.com
or by mailing such notice to:
Apprentice Information Systems, Inc.
Suite 102
900 North Dixieland
Rogers, AR 72756
Without limiting the foregoing,
AIS has the right to immediately terminate this Agreement
with respect to any User in the event of any conduct by User
which AIS, in its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this Agreement. The
provisions of Paragraphs 3, 4, 5, 6, 7, 8, and 9 will survive termination
of this Agreement.
10. Equipment
Each User is solely responsible for obtaining and maintaining
all equipment needed for access to and use of the Service, including, but
not limited to, telephone and computer hardware, and each User is solely
responsible for all charges related thereto.
11. Privacy
See ApprenticeIS.com's Privacy Policy.
12. Construction
This Agreement and any operating rules for the Service
established by AIS, including, but not limited to, the Privacy Policy, constitute
the entire agreement between the parties with respect to the subject matter
hereof, and supercede all previous written or oral agreements between the
parties with respect to such subject matter.
13. Applicable Law
This Agreement will be construed in accordance with the
laws of the State of Arkansas, without regard to its conflict of laws rules.
14. Non-Waiver
No waiver by either party of any breach or default hereunder
will constitute a waiver of any preceding or subsequent breach or default.
15. Paragraph Headings
The section headings used herein are for convenience only
and are not to be given any legal import.
We value feedback from our users. If you have any questions
or concerns about the User Agreement for the ApprenticeIS.com website, please
contact us by emailing info@apprenticeis.com.
|