Welcome. Thank you for your interest in ApprenNet LLC (the "Company"). The Company is an education company that provides various "software as services" for building online communities ("Services"). These Services are delivered through access to one or more web sites ("Sites") operated by the Company, including this Site.
Using our Services
You represent and warrant that you are of legal age to form a binding contract with the Company. You are at least 13 years old. If you are not of legal age to form a binding contract, please do not continue to access or use any Site or Service.
From time to time, we may post certain policies related to the use of specific Services or groups of Services. You agree that your use of any such Service or Services is conditioned upon you following any such policies. In the event that any such policy conflicts with these Terms, the provisions of such policy will prevail.
To facilitate teaching, learning and sharing, our Services enable users on our Sites to post performances, content, comments, feedback, questions, discussion, demonstrations, images, documents, recordings (whether audio, video or other media or formats) or other communications (collectively "User Postings").
User Postings Disclaimer
You understand that when accessing our Sites or using our Services you will be exposed to User Postings from a variety of sources. You further understand and acknowledge that you may be exposed to User Postings that are objectionable. The Company does not endorse and does not warrant the accuracy, completeness or usefulness of any User Postings or any opinion, recommendation or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Postings. Any reliance you place on such information is strictly at your own risk. If notified that a User Posting allegedly does not conform to the Terms or applicable policy, the Company may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Do not misuse our Services
As a condition of your access to the Sites and use of our Services, you warrant to the Company that you will not:
- access our Sites or use our Services for any purposes other than to post, disseminate or receive original or appropriately licensed content and/or to access our Services;
- post, upload or distribute any defamatory, libelous or inaccurate User Posting;
- post, upload or distribute any User Posting that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other users without permission, forge another person's digital signature, misrepresent the source, identity or content of information transmitted via our Services, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on our Sites;
- make unsolicited offers, advertisements, proposals or send junk mail or spam to other users;
- access our Sites or use our Services for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
defame, harass, abuse, threaten or defraud other users, or collect, or attempt to collect, personal information about other users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features on our Sites;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon our Sites or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;
- sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of any User Postings except as expressly authorized by the Company; and
- intentionally interfere with or damage operation of our Sites or Services or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code.
The Company has no obligation to monitor the Sites or the use thereof by our users, however the Company reserves the right to review your User Postings and to remove User Postings in its sole discretion. The Company reserves the right to terminate your access to our Sites and Services in whole or in part at any time without notice for any reason whatsoever.
Accessing our Services and Account Security
When accessing our Sites, you will be asked to provide a password. When using certain Services on our Sites you may be asked to provide additional passwords or access codes. You are solely responsible for maintaining the confidentiality of your account, any relevant passwords or access codes and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to the Company, whether upon registration or at any other time, will be true, accurate and current. You also agree that you will ensure that this information is kept accurate, up-to-date and confidential. If you have reason to believe that your account is no longer secure, then you agree to immediately notify the Company.
Third Party Websites, Products and Services
As a convenience to you, our Sites may contain links or references to other websites, products or services ("References"). Unless otherwise noted, the Company does not endorse such References or the information, materials, products or services contained on or accessible through such References. Access and use of any Reference is solely at your own risk. However, if you experience a problem with a Reference, please email us at firstname.lastname@example.org.
You agree to indemnify and hold the Company and its partners, affiliates, officers, directors, agents and employees harmless from any claims, losses, damages, liabilities, including reasonable attorney's fees, arising from or related to (i) your use or misuse of our Services; (ii) your breach of these Terms and the documents it incorporates by reference; or (iii) your violation of any law or the rights of a third party.
Communication from the Company
In connection with your use of our Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications by sending an email to email@example.com. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Your Content on our Sites
License Granted to the Company
License Granted to other users
User Postings Representation and Warranties
You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading or otherwise submitting your User Postings, you affirm, represent and warrant that: (i) you are the creator and owner of your User Postings and have the necessary licenses, rights, consents and permissions to use and to authorize the Company to use and distribute your User Postings pursuant to the licenses granted by you in these Terms; (ii) your User Postings do not and will not: (a) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (b) slander, defame, libel or invade the right of privacy, publicity or other property rights of any other persons; or (c) contain any viruses, adware, spyware, worms or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability.
Privacy and Copyright Protection
The Company respects the intellectual property of others, and we ask you to do the same. If you believe any User Postings or other materials found on our Sites constitute a copyright infringement as defined by the Digital Millennium Copyright Act, please email us at firstname.lastname@example.org.
Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice.
Our Sites are owned and operated by the Company. Our Services, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software and all other elements of our Sites or the Services provided by the Company (the "Materials") are protected by United States copyright, trade dress, patent and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials. All trademarks, service marks and trade names are proprietary to the Company.
Our Sites and our Services are designed to provide practical educational experiences for learners. The Sites and Services should be used for educational purposes only. Visitors to our Sites should not use or rely on any information they find as professional or other advice. For example, our LawMeets™ Site presents fictional characters and situations that present hypothetical legal problems to law students and new lawyers. The views expressed with respect to these legal problems are therefore hypothetical and should not be relied upon as legal advice, the application of law to an individual's specific circumstances or as expressing a view on the advice that would be given in an actual situation or for an actual client.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES MAKES ANY SPECIFIC PROMISES ABOUT THE SITES OR THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITES OR WITHIN THE SERVICES, THE SPECIFIC FUNTION OF THE SITES OR THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE ACCESS TO THE SITE AND THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
IN ALL CASES, THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify these Terms from time to time. You should visit this page and look at the Terms regularly. Such modifications will become effective immediately. Your continued use of our Services after the posting of any such modifications constitutes your binding acceptance of such changes. If you do not agree to the modified Terms for a Service, you should discontinue your use of that Service.
These Terms control the relationship between the Company and you. The agreements you are making in these Terms are intended to benefit the Company, its affiliates and any other person with whom the Company is working to provide you access to the Sites or use of the Services.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). However, you and the Company agree that any cause of action arising out of or related to your access to the Sites or our Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other provision.
The laws of the State of Delaware, excluding Delaware's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or our Services. All claims arising out of or relating to these Terms or our Services will be litigated exclusively in the federal or state courts of Delaware, and you and the Company consent to personal jurisdiction in those courts. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
For any claim related to these Terms, the Sites or the Services, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either the Company or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For more information about our Terms, the Sites, our Services or the Company, please email us at email@example.com.