This website and any and all services of APA ACO, Inc. and its affiliates (“APA ACO”) available via this website (the “APA ACO Site”) are provided subject to the terms set forth herein. Upon visiting the APA ACO Site, you agree to be bound by these Terms of Use.
APA ACO reserves the right to make changes at any time to the APA ACO Site or these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the APA ACO Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.
1. Trademarks and Copyrights
APA ACO, Inc., the APA ACO logo and other marks displayed on the APA ACO Site are the proprietary service marks or trademarks of APA ACO or its licensors. APA ACO marks may not be used in connection with any product or service that is not APA ACO’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit APA ACO. All other marks not owned by APA ACO that appear on the APA ACO Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APA ACO. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the APA ACO Site without the express written permission of the trademark owner.
All content on the APA ACO Site, including design, text, graphics, logos, button icons, images, software, videos, audio clips, and data compilations (“Content”); any improvements or modifications to such Content; any derivative works thereof; and the collection, arrangement and assembly of all Content on the APA ACO Site; are the property of APA ACO or its licensors and are protected by United States and international copyright and other intellectual property laws.
Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of APA ACO.
2. Use of the APA ACO Site
The APA ACO Site may include information, articles, newsletters, and other Content. You may download, view, copy and print information, documents and other materials on or from the APA ACO Site (i) solely for personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You agree not toupload on or transmit to or via the APA ACO Site any information or other Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.
You agree you will not interfere, in any way, with others’ use of or access to the APA ACO Site and will not attempt to gain unauthorized access to the computer system of any other APA ACO Site user. You further agree not to take any other action in connection with your use of the APA ACO Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the APA ACO Site. APA ACO assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the APA ACO Site.
You agree to access the APA ACO Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the APA ACO Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the APA ACO Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the APA ACO Site or any portion of or information on the APA ACO Site, without the prior written permission of APA ACO.
APA ACO reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the APA ACO Site. APA ACO’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or APA ACO’s legal rights.
3. Links to the APA ACO Site
You may include on your website a link to the APA ACO Site, provided that (i) you have received the prior written consent of APA ACO to include on your website a link to the APA ACO Site; (ii) the link leads solely to the homepage of the APA ACO Site; (iii) your website does not contain content that infringes any intellectual property or other proprietary right of APA ACO or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable treaty, law or regulations; and (iv) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with APA ACO or the APA ACO Site. We reserve the right to revoke, at any time, consent we may grant to any links to the APA ACO Site.
4. Privacy
The terms of the following Privacy Statement, to the extent applicable, are hereby incorporated as part of these Terms of Use. You may view our Privacy Statement.
5. User Content
Except where otherwise expressly provided by APA ACO, all comments, feedback, information or materials submitted to APA ACO through or in association with the APA ACO Site (collectively, “User Content”) shall be considered non-confidential and APA ACO’s property. By submitting such User Content to APA ACO, you agree that you assign to APA ACO, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. APA ACO shall be free to use such User Content in any manner or media whatsoever, on an unrestricted basis and without any compensation or royalties to you.
6. No Medical Advice Provided
No aspect of the APA ACO Site is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. You should not disregard medical advice or delay seeking medical advice as a result of any Content on the APA ACO Site, or otherwise consider any Content on the APA ACO Site to be a substitute for professional medical advice. Please consult qualified healthcare providers regarding any health or dietary concerns or conditions.
7. Third Party Advertisements and Links to Third Party Sites
The APA ACO Site additionally may provide advertisements from third parties, such as banner ads and pop-up texts, and links to the websites of third parties. APA ACO is not responsible for the content of such advertisements or links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by APA ACO of the advertisement or linked site or any content therein. IN NO EVENT WILL APA ACO BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEBSITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use.
8. Modification or Discontinuance of the APA ACO Site by APA ACO
At any time, without notice to you, and for any or no reason, APA ACO may modify or discontinue the APA ACO Site. APA ACO shall in no way be held liable for any consequence which results from APA ACO’s decision to modify or discontinue providing the APA ACO Site.
9. Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APA ACO SITE, AND ANY CONTENT AND/OR SERVICES CONTAINED IN, DESCRIBED ON OR ACCESSIBLE VIA THE APA ACO SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED BY APA ACO ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APA ACO MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE APA ACO SITE OR THE CONTENT OR SERVICES PROVIDED VIA THE APA ACO SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, APA ACO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE APA ACO SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE APA ACO SITE. FURTHER, APA ACO MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE APA ACO SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL APA ACO OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF APA ACO OR ITS AFFILIATES (THE “APA ACO PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE APA ACO SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify and hold the APA ACO Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or in connection with (i) your use of the APA ACO Site or any information or materials contained or displayed therein; (ii) your violation of these Terms of Use; (iii) any User Content you post on the APA ACO Site or otherwise provide to APA ACO; or (iv) your violation of any rights of any third party.
11. Governing Law
The laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the APA ACO Site shall be brought in state or federal court in Los Angeles, California, and you consent to the jurisdiction of such courts.
12. Miscellaneous
You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. APA ACO’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless APA ACO agrees to such waiver in writing.
If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Use set forth the entire understanding between you and APA ACO with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and APA ACO with respect to such subject matter.
13. Contact
If you have any questions relating to these Terms of Use, the APA ACO Site or APA ACO, please Contact Us.
14. Notice and Procedure for Making Claims of Intellectual Property Infringement
APA ACO respects the intellectual property rights of others. If you believe that any Content or other aspect of the APA ACO Site may infringe or otherwise violate your patent, trademark, copyright, privacy right, publicity right or other proprietary right (“Intellectual Property”), please provide APA ACO’s Intellectual Property Agent the written information specified below. Please note that this procedure is exclusively for notifying APA ACO that your Intellectual Property has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual Property interest;
- A description of the Intellectual Property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the APA ACO Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the Intellectual Property owner or authorized to act on the Intellectual Property owner’s behalf.
APA ACO shall have no obligation to review or monitor the Content displayed on the APA ACO Site. Nonetheless, upon APA ACO’s receipt of notice of possible infringement or other violation of a third party’s Intellectual Property, APA ACO shall have the right, in its sole and reasonable discretion, to remove or block access to such alleged infringing Content. Additionally, APA ACO may provide certain Personally Identifiable Information of the provider to third parties in the event that APA ACO receives any claim that any of the provider’s Content infringes or otherwise violates the Intellectual Property of any third party or receives any request for such information from a court of law, regulatory agency or law enforcement agency.
If you are the owner or provider of Content on the APA ACO Site and your Content is removed or blocked, APA ACO will notify you of the removal or blocking of such alleged infringing Content by email. Once you have received notice that your Content has been removed or blocked, you will have fourteen (14) days in which to provide APA ACO with a counter notification indicating your good faith belief that the alleged infringing Content was removed due to mistake or misidentification. If APA ACO receives a counter notification from you, APA ACO may, in its reasonable discretion, replace or remove the block to such Content on the APA ACO Site. Nonetheless, APA ACO reserves the right, in its sole and reasonable discretion, to discontinue acc