If you use the Service to search for or apply for teaching positions through the Service, you are a "Candidate." Section 8 of this Agreement contains specific provisions application to you if you are using the Service as a Candidate. Please review the terms of Section 8 carefully.
If you are a higher education institution and use the Service to search for educators, view resumes or post positions, you are an "Employer." Section 9 of this Agreement contains specific provisions applicable to you if you are using the Service as an Employer. Please review the terms of Section 9 carefully.
This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against APL and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against APL on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with APL, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by APL, unless we provide such Users with specific written authorization to re-use the Service. If you use APL on behalf of an educational institution, company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. You must not be a competitor of APL or use our Service for reasons that are in competition with APL.Service Functionality
The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users, such as Candidates and Employers. You may never use another User's account without permission.
By providing APL your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account page or by following the opt-out instructions in the message. Opting out may prevent you from receiving email messages regarding updates, improvements, offers, or information about positions that may suit you if you are a Candidate. By submitting an application for a position on the Service, you give us permission to store your information on the Service and to share your information with the Employer posting the position.
By using the Service, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Service by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Candidates or Employers. We do not refer or recommend either Candidates or Employers, nor do we make any representations about the integrity, responsibility or actions of Candidates or Employers whether in public, private or offline interactions.User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Service by changing the settings in your Settings page. When creating your account or uploading information to the Service through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify APL immediately of any breach of security or unauthorized use of your account. APL will not be liable for any losses caused by any unauthorized use of your account.Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the APL servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service (for paid services). We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other APL Users, including Candidates if you are an Employer, and Employers if you are a Candidate. We reserve the right, but have no obligation, to monitor disputes between you and other Users. APL shall have no liability for your interactions with other Users, or for any User's action or inaction. APL shall have no obligation to you to enforce this Agreement against any other User.
The Service may allow Users to post content such as job and employer information, application information, logos, trademarks, comments, questions, and other content or information ("User Content"). APL claims no ownership or control over any User Content. Users retain ownership of the User Content they post on the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. APL reserves the right, but is not obligated, to reject and/or remove any User Content that APL believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
APL takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that APL shall not be liable for any damages you allege to incur as a result of User Content.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service. APL reserves all rights not expressly granted herein in the Service and the APL Content (as defined below). APL may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "APL Content"), and all Intellectual Property Rights related thereto, are the exclusive property of APL and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the APL Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding APL or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. APL may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Fee Schedule shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.No Refunds
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that APL suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases, transactions or other monetary transaction interactions.
The provisions of this Section 8 of the Agreement are specific to Users that use the Service as Candidates. If you are using the Service as a Candidate, then in the event of a conflict between the provisions of this Section 8 and the rest of the Agreement, the provisions of this Section 8 will control.Candidate Accounts
If you create a Candidate Account, you must be permitted to legally work within your applicable jurisdiction. If you are registering to be a Candidate, you may use your account only for yourself or individuals for whom you have legal authority to represent.Job Applications
As a registered Candidate, you will be able to submit applications for positions through the Service (“Job Applications”) for positions that are listed on the Service (“Job Listings”). The information that you have included as part of your User Profile, including your resume, contact information, availability, certifications, salary requirements, former employers, recommendations or references, links to publications, picture or video, may be sent to the Employer that posted the applicable Job Listing.
If you submit a resume, you acknowledge that we may ‘parse’ the resume in order to create searchable text for an Employer. The Employer will also be able to see your resume in the form in which you submitted it to APL.Resume Database
In addition to submitting Job Applications through the Service, your resume will become part of the Service’s resume database (the “Resume Database”). Employers who have registered to access the Resume Database will be able to access and view your resume and the contact information you provide on your resume, including your name, email address, mailing address and phone number, as applicable. Please provide minimal personally identifiable information about yourself. Do not include sensitive information, such as your social security number or banking information.Interactions with Employers
You are solely responsible for your interactions with Employers that you contact, or that contact you, through the Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or a Job Application or resume that you provide through the Service. Only list the contact information on your resume or Job Applications that you are comfortable disclosing to Employers and other Users of the Service.
APL cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application or resume will be held in confidence or properly secured by each applicable Employer. In addition, APL takes no responsibility and assumes no liability for any Job Listing that any Employer posts or sends through the Service. You agree that APL is not responsible or liable for the conduct of any Employer.Diversity Disclosure and Acknowledgment
At your option, you may self-describe yourself as a diverse candidate with respect to opportunities that call for diverse candidates.
Candidates who have elected to self-describe as a diverse candidate with respect to opportunities that call for diverse candidates acknowledge that they have voluntarily self-described as a diverse candidate. Such self-describing candidates acknowledge that they are not self-describing as a diverse candidate because of any physical, mental, emotional or any other disability. APL agrees that reporting on this self-described term shall not be used to limit any candidate from standard offers, and APL will share this self-described term only with Employers who have acknowledged the same.
The provisions of this Section 9 of the Agreement are specific to Users that use the Service as Employers. If you are using the Service as an Employer, then in the event of a conflict between the provisions of this Section 9 and the rest of the Agreement, the provisions of this Section 9 will control.
If you are an Employer, you agree that you will not use the Service to post or promote any position that contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; requires applicants to pay to apply, pay for training or pay for training materials. When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable law.Non-Discrimination Policy
APL, Inc. follows an equal opportunity employment policy and employs personnel without regard to race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, physical or mental ability, veteran status, military obligations, and marital status.
This policy also applies to internal promotions, training, opportunities for advancement, terminations, outside vendors, members and customers, service clients, use of contractors and consultants, and dealings with the general public.
This policy applies to all APL's employees, volunteers, members, clients, and contractors.
As an Employer, you are responsible for all activity, acts or omissions by any of your personnel that create an Account to use the Services (“Authorized Users”). Accounts may not be shared between different Employer personnel. Employer shall ensure that Authorized Users comply with this Agreement, and shall promptly notify APL of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security. Employer shall cooperate with APL with respect to: (i) investigation by APL of any suspected or alleged violation of this Agreement and (ii) any action by APL to enforce this Agreement. APL may suspend or terminate an Authorized User’s access to the Services in the event that APL reasonably determines that such Authorized User has violated this Agreement or appears likely to do so. Employer shall be liable to APL for any violation of this Agreement by an Authorized User.Removal of Job Listings
You acknowledge and agree that APL may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of APL, violates or may violate this Agreement, applicable laws, rules or regulations; may adversely affect APL; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.Resume Database Access
If you are accessing the Resume Database (as defined in Section 8 above) as an Employer, then subject to the terms and conditions of this Agreement, APL hereby grants you as an Employer a limited, revocable, non-transferable, non-exclusive right to access the Resume Database from the Service for the limited purpose of viewing and/or downloading a single copy of available paper resumes solely for use by the Employer. If you use or access the Resume Database as an Employer, you agree to comply with the following rules regarding access to the Database:
The Database shall only be used by Employer for the purpose of seeking educators for Employer.
The Database shall not be used to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Employer’s or a third party’s services.
Employer shall implement appropriate physical, technical, and administrative measures to protect the data within the Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The Database shall only be used and accessed by Employer in accordance with privacy, data protection and other applicable laws and regulations.
Employer shall respect the privacy choices of Candidates who have uploaded their information to the Resume Database.
The Database shall not be used in any way that, in the sole discretion of APL, adversely affects APL business, performance of the Service, or interferes with the ability, of others to access the Database.Diversity Disclosure
Employer agrees that searches using the diversity search term will not be used to limit any applicant for standard offers and that the information will not be shared except with respect to opportunities that call for diverse candidates.Subsequent Full Time Hiring of Adjunct
In the event an Employer moves an adjunct faculty member to a full-time position and such faculty member was originally hired as an adjunct professor through APL and the promotion to full time occurs within two years of the initial date of the faculty member becoming an adjunct professor, such action shall give rise to a full-time recruiting fee and APL will charge and the Employer will pay the discounted full-time recruiting fee agreed upon between APL and the Employer in lieu of the adjunct recruiting fee.
APL cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our website and is accessible in a way that constitutes copyright or trademark infringement, please contact us by email at firstname.lastname@example.org or by regular mail at:
HireaProfessor, Inc. Attention: DMCA Officer 6 Michigan Valparaiso, IN 46383
You agree to defend, indemnify and hold harmless APL and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
APL DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY ADVICE OR INFORMATION THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, APL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
APL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE APL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND APL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL APL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL APL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO APL HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. APL makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.Binding Arbitration
This Section 17 is referred to in this Agreement as the “Agreement to Arbitrate". You agree that any and all disputes or claims that have arisen or may arise between you and APL or its affiliates, whether relating to the Service, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and APL. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and APL may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.Restrictions
You and APL agree that any arbitration shall be limited to the Dispute between APL and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.Exceptions to Informal Negotiations and Arbitration
You and APL agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or APL intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
The Service is controlled and operated by APL from its offices within the State of Indiana, United States of America. APL makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over APL, either specific or general, in jurisdictions other than Indiana. This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and APL related to this Agreement shall be located in Porter County, Indiana.Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APL without restriction.Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with APL in connection with the Service, shall constitute the entire agreement between you and APL concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and APL's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.Contact
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at email@example.com, or send mail to:
APL nextED, Inc
212 East Lincolnway
Valparaiso, IN 46383
These Terms and Conditions were last updated on February 1, 2016.