APEA Terms & conditions
Effective date: 1 January 2020
Welcome to APEA
The following terms and conditions (“Agreement” or “Terms & Conditions”) describes the terms
under which Advanced Practice Education Associates, LLC (“APEA”) offers you use and access to
its services and products.
BY REGISTERING FOR, SUBSCRIBING TO, ACCESSING, VISITING, USING OR ATTEMPTING TO INTERACT WITH ANY
PART OF WWW.APEA.COM (“THIS WEBSITE”) OR ANY APEA SERVICES,
PRODUCTS, WEBSITES, MOBILE APPLICATIONS, OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT
YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT THAT YOU ARE OF
MAJORITY AGE AND CAPABLE OF ENTERING INTO A BINDING AGREEMENT. YOU SHOULD ALSO READ OUR
PRIVACY POLICY. IF YOU DO NOT ACCEPT AND AGREE
TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, DO NOT ACCESSS OR USE ANY SERVICES
OR PART OF THIS WEBSITE.
APEA RESERVES THE RIGHT TO, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, MAKE CHANGES TO
THIS AGREEMENT IN APEA’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR SERVICES
CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH
SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS” HYPERLINK LOCATED
AT THE BOTTOM OF THE HOME PAGE OF THIS WEBSITE.
PLEASE READ ALL TERMS CAREFULLY BEFORE SUBSCRIBING TO, ACCESSING, VISITING, BROWSING, USING OR
ATTEMPTING TO INTERACT WITH ANY SERVICES OR PART OF THIS WEBSITE:
1. SUBSCRIPTION
You may be required to purchase and/or register for a subscription plan or one-time product to
access parts of this Website and/or Services and educational content of APEA accessed through
www.apea.com (“Product”, including paid options or free
trials). APEA offers a number of different types of Products. Pricing, available content or
resources, and period of time that the Product is active (“Subscription Term”) vary depending on
your selected Product(s). APEA reserves the right, in its sole discretion, to remove, modify or
update any and all content or features and functionality of the Products or Services during the
Subscription Term. To be eligible to access and use APEA’s Services through a Product, you must
(i) be of majority age in the applicable jurisdiction and capable of entering into a binding
agreement; (ii) have an account in good standing with APEA, including all payment of fees and
taxes; (iii) be in compliance with this Agreement; and (iv) meet any additional eligibility
requirements that APEA may determine for a Product. For example, APEA may offer types of
Products that are only available to organizations/entities that wish to provide APEA Services to
their students or clinicians in a medical field (“Institutional Subscription”). If you are using
Services or subscribing to a Product on behalf of an entity, you represent to APEA that you have
authority to bind the entity to the terms of this Agreement.
A. SUBSCRIPTION TERMS
Access to Services under your Product automatically terminates when your Subscription Term
expires. If you renew a subscription, you agree to the Terms & Conditions and Policies,
including pricing and fees, that are current at the time of renewal. APEA reserves the right, in
its sole discretion, to restrict, modify, suspend or terminate your access to any, all or any
portion of, this Website, Services and/or your subscription for any reason at any time, without
notice.
B. ACCOUNT REGISTRATION
To subscribe to or access parts of this Website and/or Services, you may be asked to provide
certain registration details or other information. If APEA believes that the information you
provide is not correct, not current, or incomplete, APEA has the right to refuse access to this
Website or any of its Services, and to terminate or suspend your access at any time. During the
registration process, you must enter a name and use a current email address and a password. When
entering a name, you may not select the name of another person with the intent to impersonate
that person; a name that violates any trademark rights, copyright or other proprietary right; or
a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable. If
APEA finds such a name or email address to be offensive or improper, APEA will be entitled, in
its sole and absolute discretion, to change the name and/or terminate your use of the Service.
Any passwords used for this Website and/or Services are for your individual use only. You may
not share or distribute to a third party any login name or password used for accessing Services.
APEA reserves the right to monitor any account for multiple logins. In the event that APEA
believes at its sole discretion that an account is being used by multiple users at the same
time, APEA reserves the right to terminate that account without any notice or refund. You will
be responsible for the security and confidentiality of your password and should not disclose
your account details to anyone else. APEA will not be liable for any loss that you may incur as
a result of someone else using your password or account, with or without your knowledge.
However, you could be held liable for losses incurred by APEA or another party due to someone
else using your account or password. APEA will be entitled to monitor your password and, at its
discretion, require you to change it. In the event that you become aware of or reasonably
suspect any breach of security, you must immediately notify APEA. BY ACCEPTING THIS AGREEMENT,
YOU WAIVE AND HOLD HARMLESS APEA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APEA DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER APEA OR LAW ENFORCEMENT AUTHORITIES.
C. PAYMENT
You agree to pay APEA for any and all charges or fees for Services in accordance with terms
specified in your invoice or otherwise in effect at the time of purchase. You will pay any
applicable taxes, if any, relating to any such transactions. APEA, in its sole discretion and at
any time, may modify pricing, fees, or any payment terms for any Services without notice. You
may be asked to supply certain information relevant to your purchase including, but not limited
to: credit/debit card number, expiration date, CVV code, payee name, email address and billing
address (“Billing Information”). You represent and warrant that: (i) you have the legal right to
use any credit card(s) or other payment method(s) in connection with any transaction; and that
(ii) the information you supply to APEA is true, correct and complete. We reserve the right to
refuse or cancel your order at any time for certain reasons including but not limited to, error
in your order, fraud or an unauthorized or illegal transaction is suspected, or other reasons.
This information is not stored in any APEA database.
With respect to transactions, we may use a third party not affiliated with APEA to process
payments (a “Third-Party Processor”). By submitting Billing Information, you grant APEA the
right to provide personal and financial information requested for billing purposes to a
Third-Party Processor for purposes of facilitating the completion of transactions and authorize
APEA or a Third-Party Processor to charge your payment method for purchased Services. You also
agree and understand that this Third-Party Processor is solely responsible for controlling,
handling, processing, or fulfilling purchases processed through its systems. When using such
Third-Party Processor, you may be subject to additional terms of use/service and privacy
policy(ies) of the Third-Party Processor. By submitting Billing Information, you grant APEA the
right to provide personal and financial information requested for billing purposes to the
merchant bank for authorization and approval. APEA will treat any personal information that you
submit through this Website and/or Services in accordance with its Privacy Policy, which is
incorporated into this Agreement by reference as if set forth fully herein, and which you can
find at https://www.apea.com/privacy.
D. REFUND POLICY
Unless otherwise provided for under terms of this Agreement, or at the sole discretion of APEA,
all fees are NON-REFUNDABLE and NON-TRANSFERABLE. For physical products eligible for return, a
refund less shipping cost will be issued for the cost of all physical products received back by
APEA in brand new condition within 30 days from the shipping date. If product is sent to
customer with shrink wrap, the original shrink wrap must be intact to be eligible for refund.
APEA does not pay return shipping. APEA reserves the right to change this policy at any time
without notice. Some physical products are not eligible for return. These include but are not
limited to: MP3 Players, Amelie's Antibiotic Cards, Pediatric Antibiotic Guide, Pharm in a
Flash!, Building Blocks Flash Cards, Building Blocks Guide to Growth & Development, Guide to
Billing & Coding in the Outpatient Setting, Topical Steroid Prescribing Guide, and Tool to
Identify Myocardial Infarction. For online and app products, no refunds or credits will be
granted, including for any unused content or partially unused period of time during the
Subscription Term. You may cancel your subscription at any time however you will not be entitled
to receive a refund or credit. If in its sole discretion, APEA issues a refund or credit, APEA
is under no obligation to issue the same or similar refund in the future.
2. INTELLECTUAL PROPERTY
A. OWNERSHIP
You agree that the material and entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof) accessible from this Website and/or use of Services, and any
other web site owned, operated, licensed, or otherwise controlled by APEA (the “Property”) is
the proprietary information of APEA, and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or proprietary rights
laws.
You agree that APEA is the sole owner of all right, title, and interest in APEA Property, in all
derivative works, and in APEA’s patents, trademarks, copyrights, service marks, logos, or other
intellectual properties, all of which are retained by APEA. You may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the Property. Neither title nor intellectual
property rights are transferred to you by access to this Website and/or use of Services.
Modification or use of the Property, except as expressly provided in this Agreement, violates
APEA’s intellectual property rights.
You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create
derivative works from, reverse engineer, transfer, or sell any information, content, software,
products or services obtained from or otherwise connected to this Website or Property, except as
expressly permitted under this Agreement.
3. LICENSE
A. LIMITED LICENSE
You may access and view the content on this Website and Services on your computer, mobile device,
or other internet compatible device. To the extent you need to download documentation to use or
during the use of the Services, we grant you a limited, non-assignable, non-transferable,
revocable license to use such materials solely to utilize such products or services. Such
license will terminate when you no longer use the products or services. This Website and
Services are only for your personal, non-commercial use. We reserve the right to change or make
corrections to the operation of, or any information available on, this Website at any time and
without prior notice. For our mobile application, we grant you a nonexclusive, non-transferable,
worldwide, and perpetual license to perform, display, and use the mobile application for your
personal, non-commercial use only.
B. LIMITED LICENSE TO INSTRUCTORS ASSOCIATED WITH AN INSTITUTIONAL
SUBSCRIPTION
Subject to your compliance with this Agreement and Policies, APEA hereby further grants to an
instructor associated with an Institutional Subscription (“Instructor”) a limited, revocable,
non-exclusive, non-transferable, non-assignable, non-sublicensable and non-commercial copyright
license to works of APEA Content in the form of exams, quizzes, question sets, and assessments
(the “Exams”), and for Instructor to distribute the Exams through APEA’s secure platforms,
including Online Testing Center, CE Center, MyQBank, and any other APEA platforms, to its
students (“Students” or “Student”) subject to the terms of your subscription to APEA services.
This limited license is for the purpose of allowing university students to complete exams,
tests, and videos on APEA’s secure online platform (the “Purpose”). Instructor will obtain all
other necessary rights, licenses, and permissions to use the Exams for the Purpose. Use of the
APEA Content for any purpose other than the Purpose is strictly prohibited. Instructor may not,
during or after the Term, license, sublicense, or authorize third parties to use the APEA
Content or Exams.
C. TERM OF LIMITED LICENSES
APEA reserves the right to terminate any and all licenses or to change or modify any terms of any
and all licenses, at any time in its sole discretion. We may restrict, suspend or terminate your
access to this Website and/or its products or services if we believe you are in breach of these
Terms and Conditions or applicable law, you are a repeat infringer of intellectual property
rights, or for any other reason without notice or liability. All licenses granted to you under
this Agreement shall automatically terminate upon termination or expiration of your Subscription
Term. APEA reserves all rights of every kind and nature except those specifically granted to
you.
D. AUDIT COMPLIANCE WITH LICENSE TERMS
APEA may, at its election and with reasonable notice, audit your use of APEA Content and
copyrighted materials to ensure compliance with this Agreement. You (and if an Instructor, on
behalf of itself and its Students) agree to provide access to relevant records and to cooperate
with any such review or inquiry.
E. USER SUBMISSIONS
If you submit comments, photos and other content to APEA (“User Content”) through This
Website, social media communities, survey responses, email or otherwise, you grant us an
irrevocable, royalty-free, perpetual, transferable, license to use, modify, create
derivative works from, publish, display and sublicense User Content, in whole or in part, in
any format and on any platform either now known or hereinafter invented, and to associate
User Content with your name and/or likeness. You are solely responsible for your User
Content. You represent that You have the right to submit User Content to us and the right
to grant us the license described above. You warrant that User Content, and our use thereof,
does not and will not infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary or privacy right of any party or individual. APEA will treat any
personal information that you submit through this Website in accordance with its Privacy
Policy which you can find at https://www.apea.com/privacy.
4. USER OBLIGATIONS
As a condition of your use of this Website and/or Services, you warrant to APEA that you will use
this Website, Services, or APEA Content, only for purposes that are lawful and permitted by this
Agreement or Policies.
This is a non-exhaustive list of obligations that you – not APEA – are solely responsible
for:
- Promptly updating all information to keep your account information current, complete and
accurate (such as name, email address, billing address, etc.).
- Ensuring that your computer or mobile device is appropriately used and safeguarded.
- Notifying APEA immediately in the event that your computer or mobile device is lost or
stolen, so that we may disable access to the account. Any violations of this Agreement or
Polices by a third party accessing your account will be treated as if you performed those
violations, and you will be fully liable for any damages directly or indirectly resulting
from those violations.
- Determining whether any material you post, upload to, transmit, distribute, store, create or
otherwise publish is subject to a third party’s proprietary rights. You shall be solely
liable for any damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission.
- Obtaining access to the Internet and providing all equipment and software necessary to make
such connection to the Internet – including a computer or other device.
- Payment of any data charges, overage fees, or any other miscellaneous fees or costs that
result, directly or indirectly, from use of the software on your devices, including in the
event of software malfunction.
- Using an APEA recommended system requirements including the version of an operating system,
Internet browser, and any other required software or compatible device to access Services.
- Obtaining and paying fees related to any additional software, subscription, connectivity
services or equipment necessary to access the Services, including but not limited to payment
of all associated third-party fees.
- Any damages to your devices, operating systems, and/or any data loss resulting from the
direct or indirect installation or use of any software or mobile applications. No refunds or
cancellation will be honored due to your inability to install and/or use the provided
software on any mobile device (regardless of whether or not the device meets the minimum
system requirements).
- Promptly installing any updates to an APEA mobile application in order for the app to
continue functioning properly. You may not export any of our mobile applications except in
compliance with all applicable laws.
- Sending and receiving, at your cost, electronic communications related to the mobile app,
including without limitation, administrative messages, service announcements, diagnostic
data reports, and app updates from APEA, your mobile carrier or third-party service
providers.
- Implementing sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to this Website
for any reconstruction of any lost data. APEA does not assume any responsibility or risk
for, or costs related to, your use of the Internet. You understand that APEA cannot and does
not guarantee or warrant that files available for downloading from the Internet will be free
of viruses, worms, Trojan horses or other code that may manifest contaminating or
destructive properties.
5. PROHIBITED USES
You may use this Website and/or Services for purposes expressly permitted by this Website and/or
Services. You may not obtain or attempt to obtain any materials, content, or information through
any means not intentionally made available or provided to you through this Website and/or
Services.
APEA specifically limits your use of this Website and/or Services. By using the Website and/or
Services, you agree to the following limits on your use, and you further agree not to assist
others to use the Website and/or Services as follows:
- Any commercial distribution, publishing or exploitation of this Website and/or Services, or
any content, software, code, data or materials on this Website, is strictly prohibited.
Except as expressly permitted by these Terms and Conditions or by law, you may not download,
display, copy, reproduce, distribute, modify, perform, transfer, create derivative works
from, sell or otherwise exploit any content, software, code, data or materials on this
Website or any materials or content related to our programs even if the materials or content
are not accessed through this Website. If you improperly use this Website, we may
aggressively enforce our intellectual property and other rights to the fullest extent of the
law, including the seeking of criminal prosecution.
- We may investigate and/or terminate your account if you misuse this Website or behave in any
way that we regard as inappropriate or unlawful. You agree that, while using this Website
and the various products, services and features offered on or through this Website, you will
not: (i) impersonate any person or entity, including APEA, or misrepresent your affiliation
with any other person or entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing); (ii) insert your own or a third party's
advertising, branding or other promotional content into any of this Website's content,
materials or services; or (iii) gain or attempt to gain unauthorized access to other
computer systems through this Website.
- You agree to not: (i) engage in harvesting of e-mail addresses, wireless addresses or other
contact or personal information, or any other automatic means of accessing, logging-in or
registering on this Website or for any products, services, or features offered on or through
this Website, or obtaining lists of users or obtaining or accessing other information or
features on, from or through this Website or the products or services offered on or through
this Website, including but not limited to any information residing on any server or
database connected to this Website or any products or services offered on or through this
Website; (ii) use this Website or the products or services made available on or through this
Website in any manner with the intent to interrupt, damage, disable, overburden, or impair
this Website or such products or services, including but not limited to sending mass
unsolicited messages or "flooding" servers with requests; or (iii) use this Website or this
Website's products or services in violation of any applicable law or the legal rights of any
third party.
- You agree that you will not attempt (or encourage or support anyone else's attempt) to
circumvent, reverse engineer, decrypt, gain unauthorized access to, damage, disrupt, or
otherwise alter or interfere with this Website or Services or any server, computer, or
database connected to this Website.
- You agree that you will not upload, post, transmit, distribute or otherwise publish through
this Website or any product, service, or feature made available on or through this Website,
any materials which: (i) restrict or inhibit any other user from using and enjoying this
Website or this Website's products or services, (ii) are fraudulent, unlawful, threatening,
abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or
indecent, (iii) violate any local, state, national or international law, (iv) violate,
plagiarize or infringe the intellectual property, privacy, publicity, or other rights of
third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain
embedded links, advertising, spam, chain letters or pyramid schemes of any kind, or (vii)
constitute or contain false or misleading indications of origin, endorsement or statements
of fact. You alone are responsible for the content and consequences of any of your
activities, both on and off this Website.
- You agree to not: (i) engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Services, or which, as determined by APEA, may harm APEA or users of this
Website or expose them to liability; (ii) use Services in any manner that could disable,
overburden, damage, or impair Services or interfere with any other party’s use of Services,
including their ability to engage in real time activities through them.
- You agree not: (i) to assist others to use the Website and/or Services to reproduce any part
of this Website or APEA Content on any bulletin boards, web sites, discussion forums,
Internet domains, or online chatrooms; (ii) attempt, in any way, when using a mobile device
or mobile application to copy or capture the contents of any test screen (including, but not
limited to, via any OEM-provided functionality or third-party applications) unless otherwise
provided. APEA reserves the right to disable your account without refund in the event that
you attempt and/or copies any APEA copyrighted content.
6. THIRD PARTY PROVIDERS
Certain features of this Website and/or Services may use the services and/or products of
third-party vendors and business partners, which services and/or products may include software,
information, data collection or other services. When using features from third-party service
providers, you understand that you may be subject to additional terms of use/service and privacy
policy(ies) of the third-party service provider. As a result of your use of this Website and/or
Services, additional fees and charges from your third-party service providers may apply.
If you access a Service through a mobile application or other type of third party platform, the
applicable end user license agreement for the service through which you downloaded the
application may apply in addition to the terms of this Agreement and you agree that you are
subject to such application or platforms terms in addition to this Agreement.
7. LINKS
This Website may be hyper-linked to other sites which are not maintained by, or related to, APEA.
Hyper-links to such sites are provided as a service to users and are not sponsored by, endorsed
by, or affiliated with this Website or APEA. APEA has not reviewed any or all of such sites and
is not responsible for the content of those sites. APEA is not responsible for webcasting or any
other form of transmission received from any hyper-linked site. Hyper-links are to be accessed
at the user’s own risk, and APEA makes no representations or warranties about the content,
completeness or accuracy of these hyper-links or the sites hyper-linked to this Website. APEA
provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site
does not necessarily imply endorsement by APEA of that site or any association with its
operators.
8. DISCLAIMER OF WARRANTIES
Use of this Website and/or Services are for educational purposes only. This Website and/or
Services are designed as a study tool and not intended to be all-inclusive and not meant to
define the standard of care for the clinical practice of any health care specialty. Also, the
Services should not be used to replace the required core content of any school. The materials on
this Website are provided for general nurse practitioner education purposes only and are not
meant to be applied rigidly and followed in all cases. Use of this information in a particular
situation remains the professional responsibility of the practitioner. The information provided
in APEA is no substitute for individual patient assessment based upon the healthcare provider’s
examination of each patient and consideration of laboratory data and other factors unique to the
patient. You understand that Predictor Exam Scores, MyQBank scores, any score or assessment, or
CareOnPoint content is designed to help you assess relative strengths and weaknesses in
different subjects and systems of clinical care. APEA does not guarantee or warrant any level of
performance on any and all assessments or examinations of any kind.
APEA disclaims any liability, loss or risk, personal or otherwise, which is incurred as a
consequence, directly or indirectly, from the use and application of any of the contents of the
Services.
YOUR USE OF THIS WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. SERVICES, THE WEBSITE AND ITS
CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
APEA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. APEA DOES NOT WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THIS WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. APEA DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND APEA MAY
MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT APEA, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE
USE OF SERVICES, THIS WEBSITE OR ITS CONTENT. APEA MAKES NO WARRANTIES THAT YOUR USE OF THE
CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMISSIONS IN SUCH CONTENT.
9. LIMITATION ON LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL APEA OR ANY OF OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED
ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO
USE, THIS WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THIS
WEBSITE, YOUR PROVISION OF INFORMATION VIA THIS WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF
SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY
APPLICABLE LAW.
IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH
THIS WEBSITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THIS
WEBITE AND/OR SERVICES, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR
USE OF THIS WEBSITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE IN THE 12
MONTH PERIOD PRECEDING YOUR CLAIM.
10. INDEMNITY
You will release, indemnify, defend, and hold APEA, its subsidiaries, affiliates, licensors,
content providers, service providers, employees, agents, officers, directors, and contractors
(the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to
any injuries, losses or damages to any person (including death) or property of any kind
resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership,
possession, use, misuse, or inability to use this Website and/or Services, information provided
by this Website and/or Services, or participation in a contest or a related activity offered
through this Website and/or Services, whether under contract, tort (including negligence),
warranty or any other applicable sources of law, including, without limitation, (i) breach of
this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond
APEA ’s control that may cause this Website and/or Services to be disrupted or corrupted, (iii)
any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise)
of any kind arising in connection with or as a result of your use of this Website and/or
Services, and (iv) any printing or typographical errors in or on the Website and/or Services.
You agree that the Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
You will also indemnify and hold the Indemnified Parties harmless from and against any claims
brought by third parties arising out of your use of the information accessed from this Website
and/or Services.
11. GOVERNING LAW AND FORUM
This agreement is governed by the laws of the State of Louisiana (without regard to conflicts of
law principles) for any dispute between the parties or relating in any way to the subject matter
of this agreement Any suit or legal proceeding must be exclusively brought in the federal or
state courts for Lafayette Parish of Louisiana, and Customer submits to this personal
jurisdiction and venue.
APEA may revise these Terms & Conditions at any time by updating this posting.