Last Updated: 11/07/2024. PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE")
OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND
ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE
TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR
SERVICES.
The
present terms and conditions (this "Agreement"
or "Terms") is a legal
agreement between you and Action Professionals, Inc. a company duly organized
and validly existing, located at 574 Spring St., Paso Robles, California
93446. This Agreement annuls and voids all previous agreements.
OVERVIEW
The
Site (https://www.actionpros.com) is operated by Action Professionals, Inc. Throughout
the Site, the terms "we",
"us" and "our" refer to Action
Professionals, Inc. Action Professionals, Inc. offers this Site, including all
information, tools and services available from this Site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By
visiting our Site and/or purchasing something from us, you engage in our
"Service" and agree to be bound by the following terms and
conditions, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink.
These Terms apply to all users
of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of an
inconsistency between this Agreement and any additional terms or policies referenced
herein, the provisions of the additional terms or policies shall control.
Please
read these Terms carefully before accessing or using our Site. By accessing or
using any part of the Site, you agree to be bound by these Terms. If you do not
agree to all the Terms of this Agreement, then you may not access the Site or
use any Service. If these Terms are considered an offer, acceptance is
expressly limited to these Terms.
Any
new features or tools which are added to the current store shall also be
subject to the Terms. You can review the most current version of the Terms at
any time on this page. We reserve the right to update, change or replace any
part of these Terms by posting updates and/or changes to our Site. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL TERMS
By
agreeing to these Terms, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of
majority in your state or province of residence, and you have given us your
consent to allow any of your minor dependents to use this Site.You
may not use our products or Site for any illegal or unauthorized purpose nor
may you, in the use of our products or Site, violate any laws in your
jurisdiction (including but not limited to motor vehicle laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination
of your account and right to use our Service.
We
have the right, but not the obligation, to take any of the following actions in
our sole discretion at any time and for any reason without giving you any prior
notice:
1. Restrict, suspend or terminate your
access to all or any part of our Site;
2. Change, suspend or discontinue all or any
part of our products or Site;
3. Refuse, move, or remove any content that
is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits
concerning use of our Site.
You
agree that we will not be liable to you or any third party for taking any of
these actions.
You understand
and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you
cannot opt out of receiving these notices.
You
understand that your content (not including credit card information), may be
transferred unencrypted and involve
(a) transmissions over various networks;
and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Site, use of the Site, or access to the Site or any contact on the Site,
without express written permission by us.
You
may not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. Action Professionals, Inc.
content is not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use and will make no
other use of the content without the express written permission of Action
Professionals, Inc. and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of Action
Professionals, Inc. or our licensors except as expressly authorized by these
Terms.
SECTION 2 - CREATING AN ACCOUNT
Once
you create an account with us, you are registered on the Action Professionals,
Inc. Site. The terms "member," "membership," and
"account" all refer to this registration as a member on Action
Professionals, Inc.'s Site. If you are merely surfing or browsing through the
Site and have not yet created an account, your use of the Site is still subject
to this Agreement; if you do not agree to this Agreement, do not use the Site.
When
you create an account, you will provide a unique username and email. We
will also ask you to create a password. Because any activities that occur
under your username or password are your responsibility it is important for you
to keep your username and/or password secure. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that Action
Professionals, Inc. is not responsible for third party access to your account
that results from theft or misappropriation of your account. Notify us
immediately if you believe that someone has used your username, email, or
password without your authorization.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete
information with regards to yourself as may be requested by the data
registration process, and
b) maintain and promptly update your registration and
profile information in an effort to maintain accuracy and completeness at all
times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, Action Professionals, Inc. will have sufficient grounds
and rights to suspend or terminate the member in violation of this aspect of
the Agreement, and as such refuse any and all current or future use of Action
Professionals, Inc. Services, or any portion thereof.
SECTION 3 - CONDUCT
As a
user or member of the Site, you herein acknowledge, understand and agree that
all information, text, software, data, photographs, music, video, messages,
tags or any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Action Professionals, Inc. Services, and as such,
we do not guarantee the accuracy, integrity or quality of such content. It is
expressly understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available by Action
Professionals, Inc.
Furthermore,
you herein agree not to make use of Action Professionals, Inc.'s Services for
the purpose of:
a) uploading, posting, emailing,
transmitting, or otherwise making available any content that shall be deemed
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another's privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner
whatsoever;
c) impersonating any individual or entity,
including, but not limited to, any Action Professionals, Inc. officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting
any affiliation with an individual or entity;
d) forging captions, headings or titles or
otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing,
transmitting or otherwise offering any such content that may infringe upon any
patent, copyright, trademark, or any other proprietary or intellectual rights
of any other party;
f) uploading, posting, emailing,
transmitting or otherwise offering any content that you do not personally have
any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing,
transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or
any other form of solicitation, except in any such areas that may have been designated
for such purpose;
h) uploading, posting, emailing,
transmitting, or otherwise offering any source that may contain a software
virus or other computer code, any files and/or programs which have been
designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i) disrupting the normal flow of
communication, or otherwise acting in any manner that would negatively affect
other users' ability to participate in any real time interactions;
j)
interfering with or disrupting any Action Professionals, Inc. Services, servers
and/or networks that may be connected or related to our website, including, but
not limited to, the use of any device software and/or routine to bypass the
robot exclusion headers;
k)
intentionally or unintentionally violating any local, state, federal, national
or international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l)
providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United
States government as a "foreign terrorist organization" in accordance
to Section 219 of the Immigration Nationality Act;
m)
"stalking" or with the intent to otherwise harass another individual;
and/or
n)
collecting or storing of any personal data relating to any other member or user
in connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Action
Professionals, Inc. herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we
reserve the right to remove and/or delete any such content that would violate
the Terms or which would otherwise be considered offensive to other visitors,
users and/or members.
Action
Professionals, Inc. herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so
by law or in good faith belief that any such action is deemed reasonably
necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein
contained content is in violation of the rights of any third party;
d) responding to requests for customer
service; or
e)
protecting the rights, property or the personal safety of Action Professionals,
Inc., its visitors, users and members, including the general public.
Action
Professionals, Inc. herein reserves the right to include the use of
security components that may permit digital information or material to be
protected, and that such use of information and/or material is subject to usage
guidelines and regulations established by Action Professionals, Inc. or any
other content providers supplying content services to Action Professionals, Inc.You
are hereby prohibited from making any attempt to override or circumvent any of
the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT
COMPLIANCE
Due
to the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore,
you state and pledge that you:
a) are not on the list of prohibited
individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
c) agree not to use our website network
Services for any military, nuclear, missile, chemical or biological weaponry
end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload
any software, technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Action
Professionals, Inc. shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for
inclusion on our website Services. Therefore, you hereby grant and allow for
Action Professionals, Inc. the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The content submitted or made available
for inclusion on the publicly accessible areas of Action Professionals, Inc.'s
Sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area
to which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Action Professionals,
Inc.'s sites, and shall terminate at such time when you elect to discontinue
your membership.
b) Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of
Action Professionals, Inc.'s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of Action Professionals, Inc.'s sites and shall terminate at such time
when you elect to discontinue your membership.
c) For any other content submitted or made
available for inclusion on the publicly accessible areas of Action
Professionals, Inc.'s sites, the continuous, binding and completely
sub-licensable license which is meant to permit to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and/or publicly display
said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later
developed.
Those
areas which may be deemed "publicly accessible" areas of Action
Professionals, Inc.'s Sites are those such areas of our network properties
which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both users and members.
However, those areas which are not open to the public, and thus available to
members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Action
Professionals, Inc. may provide an area for our user and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals ("Contributions")
to our site, you acknowledge and agree that: a) your contributions do not contain any
type of confidential or proprietary information;
b) Action Professionals, Inc. shall
not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) Action Professionals, Inc. shall
be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall
automatically become the sole property of Action Professionals, Inc.; and
e) Action Professionals, Inc. is
under no obligation to either compensate or provide any form of reimbursement
in any manner or nature.
SECTION 6 - INDEMNITY
All
users and/or members agree to insure and hold Action Professionals, Inc., our
subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or user of our Site may submit, post,
modify, transmit or otherwise make available through our Services, the use of Action
Professionals, Inc. Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of
another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member
or user herein agrees not to replicate, duplicate, copy, trade, sell, resell
nor exploit for any commercial reason any part, use of, or access to Action
Professionals, Inc.'s sites.
SECTION 8 - MODIFICATIONS
Action
Professionals, Inc. reserves the right at any time it may deem fit, to modify,
alter and or discontinue, whether temporarily or permanently, our service, or
any part thereof, with or without prior notice. In addition, we shall not be
held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a
member of https://www.actionpros.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a
cancellation or termination request to .
As a
member, you agree that Action Professionals, Inc. may, without any prior
written notice, immediately suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and access to any of our
Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or
any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement
or any other governmental agencies; c) the discontinuance, alteration and/or
material modification to our Services, or any part thereof; d) unexpected technical or security issues
and/or problems; e) any extended periods of inactivity;
f) any engagement by you in any fraudulent
or illegal activities; and/or
g) the nonpayment of any associated fees
that may be owed by you in connection with your
https://www.actionpros.com account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The
termination of your account with https://www.actionpros.com shall include any
and/or all of the following:
a)
the removal of any access to all or part of the Services offered within
https://www.actionpros.com;
b)
the deletion of your password and any and all related information, files, and
any such content that may be associated with or inside your account, or any
part thereof; and
c)
the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either
Action Professionals, Inc. or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not
responsible for the availability of any such external sites or resources, and
as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such
third-party sites or resources. Furthermore, you acknowledge and agree that
Action Professionals, Inc. shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be caused by or in connection with the use of or the reliance on
any such content, goods or Services made available on or through any such site
or resource. SECTION 11 - PROPRIETARY RIGHTS
You
do hereby acknowledge and agree that Action Professionals, Inc.'s Services and
any essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by Action Professionals,
Inc. or such applicable licensor, you agree not to alter, modify, lease, rent,
loan, sell, distribute, transmit, broadcast, publicly perform and/or created
any plagiaristic works which are based on Action Professionals,
Inc. Services (e.g. Content or Software), in whole or part.
Action
Professionals, Inc. hereby grants you a personal, non-transferable and
non-exclusive right and/or license to make use of the object code or our
Software on a single computer, as long as you do not, and shall not, allow any
third party to duplicate, alter, modify, create or plagiarize work from,
reverse engineer, reverse assemble or otherwise make an attempt to locate or
discern any source code, sell, assign, sublicense, grant a security interest in
and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form,
and as such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided
by Action Professionals, Inc. for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF ACTION PROFESSIONALS,
INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. ACTION PROFESSIONALS, INC. AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) ACTION PROFESSIONALS, INC. AND OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT
(i) ACTION PROFESSIONALS, INC. SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS;
(ii) ACTION PROFESSIONALS, INC. SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ACTION PROFESSIONALS,
INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND
(v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED BY WAY OF ACTION PROFESSIONALS, INC. SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH
YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD
RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE
WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ACTION PROFESSIONALS,
INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 - LIMITATION OF LIABILITY
YOU
EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ACTION PROFESSIONALS, INC.
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the
event you have a dispute, you agree to release Action Professionals, Inc. (and
its officers, directors, employees, agents, parent subsidiaries, affiliates,
co-branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute. SECTION 15 - NOTICE
Action
Professionals, Inc. may furnish you with notices, including those with
regards to any changes to the Terms, including but not limited to email,
regular mail, MMS or SMS, text messaging, postings on our website Services, or
other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of
the Terms by accessing our Services in an unauthorized manner. Your acceptance
of this Agreement constitutes your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed our
Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You
herein acknowledge, understand and agree that all of the Action Professionals,
Inc. trademarks, copyright, trade name, service marks, and other Action
Professionals, Inc. logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Action
Professionals, Inc. You herein agree not to display and/or use in any manner
the Action Professionals, Inc. logo or marks without obtaining Action
Professionals, Inc.'s prior written consent. Action
Professionals, Inc. will always respect the intellectual property of
others, and we ask that all of our users do the same. With regards to
appropriate circumstances and at its sole discretion, Action Professionals,
Inc. may disable and/or terminate the accounts of any user who violates
our Terms and/or infringes the rights of others. If you feel that your work has
been duplicated in such a way that would constitute copyright infringement, or
if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a)
The electronic or the physical signature of the individual that is authorized
on behalf of the owner of the copyright or other intellectual property interest;
b)
A description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c)
A description of the location of the site which you allege has been infringing
upon your work;
d)
Your physical address, telephone number, and email address;
e)
A statement, in which you state that the alleged and disputed use of your work
is not authorized by the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
The
Action Professionals, Inc. agent for notice of claims of copyright or
other intellectual property infringement can be contacted as follows:
Mailing
Address:
Action
Professionals, Inc.
Attn:
Copyright Agent
574
Spring St.
Paso
Robles, California 93446
Telephone:
800-234-3836 Fax:
805-237-3910 Email: info@actionpros.com
SECTION 17 - ENTIRE AGREEMENT
This
Agreement constitutes the entire agreement between you and Action
Professionals, Inc. and shall govern the use of our Services, superseding any
prior version of this Agreement between you and us with respect to Action
Professionals, Inc. Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Action
Professionals, Inc. Services, affiliate Services, third-party content or
third-party software. SECTION 18 - CHOICE OF LAW AND FORUM
It
is at the mutual agreement of both you and Action Professionals, Inc. with
regard to the Agreement that the relationship between the parties shall be
governed by the laws of the state of California without regard to its conflict
of law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the Agreement, or the
relationship between you and Action Professionals, Inc., shall be filed within
the courts having jurisdiction within the County of San Luis Obispo,
California or the U.S. District Court located in said state. You and
Action Professionals, Inc. agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise
of jurisdiction over the parties by such courts and to venue in such courts. SECTION 19 - WAIVER AND SEVERABILITY OF
TERMS
At
any time, should Action Professionals, Inc. fail to exercise or enforce
any right or provision of the Agreement, such failure shall not constitute a
waiver of such right or provision. If any provision of this Agreement 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 Agreement remain
in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge,
understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the
Agreement must be filed within 7 year(s) after said claim or cause of action
arose or shall be forever barred.
SECTION22 - VIOLATIONS
Please
report any and all violations of this Agreement to Action Professionals, Inc.
as follows:
Mailing
Address:
Action
Professionals, Inc.
574
Spring St.
Paso
Robles, California 93446
Telephone:
800-234-3836 Fax:
805-237-3910
Email:
info@actionpros.com SECTION 23 - GOVERNMENT REQUESTS
In
order to cooperate with governmental requests, subpoenas or court orders, to
protect our systems, or to ensure the integrity and operation of our business
and systems, we may access and disclose any information we consider necessary
or appropriate, including and without limitation, your information, IP address,
and usage history. Our right to disclose any such information is governed
by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The
Site is controlled, operated and administered by Action Professionals, Inc.
from our offices within the USA. If you access the Site from a location outside
the USA, you are responsible for compliance with all local laws. You agree that
you will not use Action Professionals, Inc.'s content accessed through the Site
in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.
SECTION 25 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally
there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information on the Site or
on any related Site is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake
no obligation to update, amend or clarify information on the Site or on any
related Site, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied on the Site or on
any related Site, should be taken to indicate that all information on the Site
or on any related Site has been modified or updated.
SECTION 26 - PRIVACY POLICYEvery member's
registration data and various other personal information are strictly protected
by the Action Professionals, Inc. Online Privacy Policy (see the full Privacy
Policy at https://actionpros.com/25212.html). As a member, you herein consent
to the collection and use of the information provided, including the transfer
of information within the United States and/or other countries for storage,
processing or use by Action Professionals, Inc. and/or our subsidiaries and
affiliates.
