1. Content is Offered on an AS IS Basis. All materials, documentation and other information published or otherwise made available on the Portal by APP (“Content”) is provided on an "as is, as available" basis.
While we endeavor to present accurate and reliable content, Content is based solely on publicly available data deemed relevant by APP at a given time and date, or information provided by a listed company. Thus, Content is intended solely for educational purposes.
APP has no obligation to update or otherwise change Content for any reason, such as the passage of time, the existence of any external factors, or other information subsequently provided or made available to APP.
You acknowledge that you are using the Portal and all content at your own risk. APP assumes no responsibility for errors or omissions in Content. APP makes no commitment to update Content, and reserves the right at any time to modify, suspend or discontinue the Portal, or any part thereof, with or without notice.
2. Disclaimer. This Portal, all Content, and all other products or services offered or provided in connection with this Portal are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permissible by law, APP and its affiliates disclaim any and all guarantees or warranties with respect to this Portal, Content and any other products or services offered or provided in connection with the Portal, including, without limitation, any express warranties or implied warranties of merchantability or fitness for a particular use or purpose, performance, informational content, accuracy, non-infringement, or system integration.
3. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APP, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF SERVICES OR CONTENT FOR APP OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SITE, CONTENT, OR ANY OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF APP, ITS AFFILIATES, OR THEIR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF APP AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO APP FOR ACCESS TO AND USE OF THE PORTAL, CONTENT, OR ANY OTHER PRODUCTS OR SERVICES DIRECTLY OFFERED OR PROVIDED BY APP IN CONNECTION WITH THIS SITE DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM GIVING RISE TO SUCH LIABILITY. YOU HEREBY RELEASE APP AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
4. Copyrights Intellectual Property. You acknowledge that APP or its licensors own the copyright and all other intellectual property rights to this Portal and all Content provided on this Portal, unless otherwise expressly indicated. All Content and other content on this Portal is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by APP (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement. Any unauthorized use is strictly prohibited.
5. Trademarks. Association of Payment Professionals, APP, and the APP logo, are trademarks of APP. Other marks displayed on the Portal or in Content are the property of APP or other third parties. You are not permitted to use these marks without the prior written consent of APP or the applicable third party owner of the mark.
6. Communications License. In its sole discretion, APP may make e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, polls, or other interactive communication facilities available to you by means of the Portal (each, a "Forum"). You are solely responsible for the content of any transmissions you make to APP, including to or through the Portal or any Forum (the "Communications"). APP and its affiliates do not endorse or accept any Communication as their own, or as a representation of their views. By transmitting any public Communication to APP or the Portal, you grant APP an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to APP. You hereby waive all rights generally known as "moral rights" in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
APP cannot review all Communications made on or through the Portal. However, APP reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which APP in its sole discretion deems inappropriate, offensive or contrary to any APP policy, or that violate this Agreement. You are solely responsible for any information you post, transmit, or otherwise make available on the Portal. You acknowledge and agree that APP does not have any liability for any action or inaction with respect to any conduct, communication, or posting on the Portal.
7. User Rules. When accessing or using this Portal, you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to all or any portion of the Portal without further notice, in our sole and absolute discretion:
a. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
b. You will not use the Portal in any manner that may be considered objectionable, such as by using the Portal to transmit any content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, criminal or invasive of another’s privacy.
c. You will not violate or attempt to violate the security of the Portal, use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
d. You will not use or launch any automated device, process or system, including without limitation, "robots," "spiders," "offline readers," or other mechanisms, that (i) accesses the Portal in a manner that sends more request messages to our servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or (ii) seeks to retrieve, index, "data mine," or otherwise access Content.
e. You will not harvest, collect, or use information about Portal visitors.
f. You will not engage in any activity that restricts or inhibits any other user from using or enjoying the Portal or any Content, whether by "hacking," "cracking," "spoofing," or defacing any portions of the Portal.
g. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Portal and will not use the Portal for unlawful purposes.
h. You will not transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Portal or impair others’ ability to enjoy the Portal, or the proper functioning of any software or hardware or equipment or materials used in connection with the Portal.
i. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
j. To the extent that APP requires a password to access any product or service, or any portion of the Portal, you will not (i) give your password to anyone, (ii) use the Portal as the agent of a third party, (iii) allow any third party to use your account, or (iv) select a user name that impersonates someone else, is intended to disguise the user's identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. APP reserves the right to reject any user name in our sole discretion. If any security breach or unauthorized use of your account occurs, you will notify APP immediately in writing or via email. You are solely responsible for maintaining the confidentiality of your username and password and are responsible for any unauthorized use.
k. You will use the Portal and its contents solely for your personal, noncommercial use.
l. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit content available via the Portal, including without limitation any Content, for any public and/or commercial use without the prior written permission of APP.
9. Links to Other Websites. Solely as a courtesy to you, we may provide links to other websites and resources at certain places on our Portal; we do not control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.
10. Indemnification. You agree to indemnify and hold harmless APP and its affiliates, and their respective officers, directors and employees, from any claims, losses, liability costs and expenses (including, but not limited to attorneys’ fees) due to or arising from (i) any content that you may submit, or (ii) your violation of these Terms, state or federal laws or regulations, or any third party rights, including, but not limited to, claims of copyright infringement, defamation, harassment, invasion of privacy or fraud.
11. Term & Termination. These Terms are effective upon your accessing the Portal and shall continue in full force until terminated by APP. In its sole and absolute discretion and without notice, and at any time and for any reason, APP reserves the right to: (a) suspend your access to any restricted portion of the Portal; and/or (b) remove or disable your access to any restricted portion of the Portal. Upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Portal.
12. Governing Law/Jurisdiction. Any dispute with respect to our Portal or any product or service offered or provided in connection with this Portal, including any Content or any Communication, shall be governed by the laws of the State of California, excluding its conflicts of laws rules, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. All visitors to our Portal submit to the exclusive jurisdiction of the state and/or federal courts of the State of California. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and APP may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.
13. Revisions. APP may revise these Terms at any time without notice to you. The revised Terms will be effective when posted. Your continued access to or use of the Portal after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of the Portal and all Content. In addition, in our sole discretion, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on our Portal.
14. Eligibility. Our products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors under the age of 18. By visiting this Portal or making any purchases through this Portal, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Portal, such as your name, address and billing information, is complete and accurate.
15. Digital Millennium Copyright Act Notice. If you believe that your work has been made available by means of this website in a manner that constitutes copyright infringement, please immediately notify APP’s copyright agent, designated below, by means of a notice that includes the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of the copyrighted work that you allege has been infringed; (c) a description of the allegedly infringing material that is to be removed or disabled and the location of such material on the website; (d) your contact information, including your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.
To file a counter-notification with us, please provide the following information to APP’s copyright agent, designated below: (a) a description of the material that APP has removed or to which APP has disabled access; (b) your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Delaware), if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and (d) your electronic or physical signature.
Notices of infringement and counter notifications should be sent to the Copyright Agent for APP: (a) by mail, to, Copyright Agent Claim, Association of Payment Professionals, c/o United Corporate Services, Inc, Commercial Registered Agent, 608 University Avenue, Sacramento, California 95825; or (b) by email, to: firstname.lastname@example.org.
16. Miscellaneous. You will not assign or sublicense these Terms or any of your rights or obligations hereunder, without the express written consent of APP, which may be withheld in its sole and absolute discretion. Subject to the foregoing, these Terms will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms contain the entire agreement between you and APP regarding use of the Portal.