APLUSALGEBRA.COM TERMS OF SERVICE
The following is a legal agreement (“Agreement”) between Apple Pi, Incorporated, a California corporation with
mailing address at 7120-G Indiana Avenue, PMB #88, Riverside, CA 92504
(hereinafter referred to as “Apple Pi, Inc.,” "API," “APlusAlgebra.com,” "we," "us," or "our") and "you," (also referred to herein as the “Subscriber”) the user of this Site.
By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
Your Use of the Site
API hereby grants you a limited license to copy and use the materials, features, and services provided by API on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by API or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of API or any third party.
All of the Material available on the Site is copyright © 2006, Apple Pi, Incorporated, or used under license.
The Apple Pi, Inc. and APlusAlgebra.com logos are service marks or registered service marks of Apple Pi, Incorporated in the United States and other countries. All rights reserved. Use of the Apple Pi, Inc. and APlusAlgebra.com trademarks as meta-tags for search engines is strictly prohibited.
Subscriber Submissions to the Site
We do not control the postings of messages, information or files to chat rooms and bulletin boards. Further, we have no obligation to monitor chat rooms or bulletin boards or any other postings of Subscriber Submissions.
Acceptable Use Policy
API has adopted the following Acceptable Use Policy in order to assure that its Site is used in a lawful and appropriate manner. While API does not ordinarily monitor the content of Subscribers' access to the Site, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:
- restrict or inhibit any other user from using or enjoying use of the Site;
- sending harassing, abusive, or threatening messages;
- sending obscene or pornographic messages or images;
- sending defamatory or libelous messages;
- sending viruses or other harmful, disruptive, or destructive
- post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights;
- post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains commercial advertising;
- attempting to steal passwords or credit card information;
- sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
- attempting to conceal or misrepresent the identity of the Subscriber.
Violations of the API's Acceptable Use Policy will not be tolerated and may result in the Subscriber being blocked from accessing the Site. If the Subscriber is a member of API's subscription service, API may disable the Subscriber's account without compensation or refund. API RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SUBSCRIBER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY API TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
API may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH API. API MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. API WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY API ADVERTISER. SUBSCRIBERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES WITH WHICH TO DO BUSINESS ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither API nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither API nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither API nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. APLUSALGEBRA.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC COMMUNICATION SENT IN CONJUNCTION WITH THE USE OF THIS SITE OR THE FAILURE OF SUCH COMMUNICATION TO REACH INTENDED RECIPICIENTS ON THE DATE SPECIFIED BY THE SUBSCRIBER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER API NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF APPLE PI, INC. OR APLUSALGEBRA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT APLUSALGEBRA.COM AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT TO YOUR USE OF THIS SITE.
NEITHER API NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE WHICH ARE NOT ATTRIBUTABLE TO ACTIONS TAKEN DIRECTLY BY API. YOU AGREE TO HOLD HARMLESS API AND ITS AFFILIATES AND PARTIES WITH WHOM API HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
Neither API nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
You hereby agree to indemnify, defend and hold harmless API and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account on this Site. You shall cooperate as fully as reasonably required in defense of any such claim. API reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by Apple Pi, Incorporated and APlusAlgebra.com
In the event API determines, in its sole discretion, that you have violated these Terms, API shall have the right to immediately terminate your account (with or without refund), refuse membership, or block your use of our Site, and/or pursue any other remedies available to API under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California. You hereby agree that any dispute arising between you and Apple Pi, Inc. or APlusAlgebra.com will be submitted to binding arbitration in Riverside, California in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
API shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to API's Designated Agent.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including where the material which you claim is infringing is located on the API or APlusAlgebra.com Site, sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, 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 copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.