You agree that you will not, at any time, conduct your business on the Site in any manner which offers, sells, leases, licenses, displays, delivers, advertises, recommends or promotes any products, services, data, information, images, text or any content which:
- is unlawful or violates any applicable local, state, federal, national or international law, statute, ordinance or regulation including, without limitation, Credit Card Association rules, consumer protection law, unfair competition, antidiscrimination or false advertising;
- infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party, including, but not limited to, the unauthorized copying and posting of trademarks, pictures, logos, software, articles, musical works or videos;
- is threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another's privacy, tortuous or otherwise violates Company rules or policies;
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, race, ethnicity, age or disability;
- impersonates any person or entity;
- contains harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology which is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services of any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or to damage or to obtain unauthorized access to any data or other information of any third party;
- violates any U.S. export or import laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the United States Department of Commerce;
- offers or disseminates fraudulent goods, services, schemes or promotions (for example, make-money-fast schemes, chain letters, pyramid schemes) or engages in any unfair deceptive act or practice;
- is associated with any form of gambling or lottery type services;
- is associated with illegal telecommunications or cable television equipment; or
- is associated with electronic wallets (i.e., "e-wallets") or any similar payment type.
The foregoing list is a non-exhaustive list of prohibited goods and services.
You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles which are off-topic according to the charter of the newsgroup or mail list where such articles are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) Services; (ii) a Service Agreement; or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) which it suspects may violate any law or regulation to appropriate law enforcement officials, regulators or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct
MODIFICATIONS TO THE SITE.
Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is immediately: (a) to terminate use of the Site or Services; and (b) to notify Company of termination.
LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The Site contains links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
INTELLECTUAL PROPERTY RIGHTS.
The Site is proprietary to Company. All the text, images, marks, logos and other content of the Site ("Site Content") is proprietary to Company or to third parties from which Company has obtained permission. Company authorizes you to view, to download and to print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices which have been placed in the Site Content by Company. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company.
THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE. COMPANY MAKES NO WARRANTY AS TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITE OR REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, WHICH ARE NECESSARY TO ENABLE THE SITE TO PERFORM ITS INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY'S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY'S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES OF THE SITE. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE. IN THE AVOIDANCE OF DOUBT REGARDING ANY EXPECTATIONS WHICH YOU MAY POSSESS REGARDING THIS SITE, YOU AGREE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ENTIRELY ERROR-FREE.
LIMITATION OF LIABILITY.
AMERICAN PENSION SERVICES, INC. EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEBSITES, FACILITIES, YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND AMERICAN PENSION SERVICES, INC.'S REASONABLE CONTROL.YOU EXPRESSLY AGREE THAT AMERICAN PENSION SERVICES, INC. SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS OR ANY OTHER SOFTWARE PROGRAMS OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE DATA FROM THE SITE.
AS A CONDITION OF USE OF THE SITE, YOU AGREE THAT NEITHER COMPANY, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT OR ANY OTHER LEGAL DOCTRINE.
EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES UNDER THESE TERMS SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) \$100.
You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale or distribution of any products or services. In the event you cause fines or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for such fines or penalties.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
SERVICES OFFERED BY COMPANY.
When you enroll to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete or error-free.
TERMINATION and EFFECT.
Company may terminate access to the Site, with or without cause, at any time and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications, your only recourse is immediately: (a) to terminate use of the Site; and (b) to notify Company of termination. Upon termination of access to the Site, your right to use the Site shall immediately cease.
GOVERNING LAW & JURISDICTION.
The Site is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of Utah and from each other. As you and Company both benefit from establishing a predictable legal environment in which to access and use the Site, by accessing or using this Site, you and Company agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of the State of Utah without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Site will be heard and resolved in the courts of Salt Lake County, State of Utah. You consent to the personal jurisdiction of such courts over you and your principals and agents and stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party or other catastrophes or occurrences which are beyond Company's reasonable control.
A party may manifest its assent to this Agreement by clicking on a button displayed in a user interface, by typing the users name, or by proceeding to actually use the software, and such manifestations of assent shall be fully binding upon the parties as if manual signatures had been used.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and the applicable Service Agreement, the latter shall govern.