Last Updated: April 22, 2015
This Terms of Service Agreement (the “Agreement”) constitute a binding agreement between APN, LLC (“APN,” “we,” or “us”) and you concerning your use of the www.apn.ask.com (the “Site”). By visiting the Site, you accept this Agreement. If you do not wish to be bound by this Agreement, do not use the Site.
APN grants you a limited, non-exclusive license to access and view content on the Site for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by APN in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site. All rights not expressly granted by APN are reserved.
You may submit inquiries or feedback to APN through the email addresses listed on the Site. Do not submit information that would be considered proprietary and confidential. APN is not required to review any submission of content. To the extent you submit any ideas or feedback to APN, you grant APN a perpetual, worldwide, royalty-free right and license to use such content for any purpose.
You represent and warrant that you have the right and authority to enter into this Agreement and that by doing so, you will not violate any law or breach any obligation to any third party. You will indemnify, defend, and hold harmless APN and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Site; and (ii) assert a violation by you of any term of this Agreement.
APN reserves the right to modify the Site. You are responsible for providing your own access to the Site. APN provides the Site on an “as is” and “as available” basis. You therefore use the Site at your own risk. APN expressly disclaims any and all representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, APN shall not be liable, with respect to any claim arising out of or relating to the Site or this Agreement, for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) an amount exceeding USD $50.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, without regard to principles of conflicts of law.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Site must be commenced in the state or federal courts located in New York County, New York (and you consent to the jurisdiction of those courts). In any such action, APN and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by APN in exercising any right hereunder will waive any further exercise of that right. APN’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without APN’s prior written consent. No third party shall have any rights hereunder.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by APN on the Site or a written amendment signed by an authorized representative of APN. A revised Terms of Service will be effective as of the date it is posted on the Site.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between APN and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
QUESTIONS: You may submit questions about this Agreement here or the following address:
Attn: Legal Department
555 12th Street, 5th Floor
Oakland, CA 94607
ATTN: Legal Department