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These Terms and Conditions of Use and Privacy Policy (the "Terms and
Conditions") were last updated on September 1, 2004.
This Agreement
(“Agreement”) is entered into by and between ApplyAdvice.com, and all
customers who intend to purchase Apply Advice's products and/or services.
You must accept the
terms and conditions of this Agreement, in order to access and use the Apply
Advice's products and/or services.
BY USING AND/OR
PURCHASING ANY OF OUR SERVICES AND/OR PRODUCTS, A CUSTOMER AGREES TO BE
BOUND BY ALL TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND ANY OPERATING
REGULATIONS ISSUED BY COMPANY AND INCORPORATED HEREIN BY REFERENCE.
Welcome to ApplyAdvice.com. As used in these Terms
and Conditions, the term "Web site" refers to the Web site located at
http://www.applyadvice.com as well as online services that include, but
are not limited to, our E-mail newsletters content, our guidelines, and our
premium online content. ApplyAdvice does not control, and is not responsible
for, any third-party site to which the Web site links.
You agree that your use of the Web site is subject to the following Terms
and Conditions. These Terms and Conditions may be modified at any time and
from time to time without prior notice; the date of the most recent changes
or revisions will appear on this page. Continued access to the Web site by
you will constitute your acceptance of any changes or revisions to the
Agreement. If you do not agree with the Terms and Conditions, please do
not use this Web site.
The materials contained on the Web site are provided by ApplyAdvice as a
service to you for your noncommercial, personal use on an "as is, as
available" basis and may be used by you for information purposes only. You
acknowledge that you are using the Web site at your own risk. ApplyAdvice
assumes no responsibility for error or omissions in these materials.
ApplyAdvice makes no commitment to update the information contained herein.
ApplyAdvice makes no, and expressly disclaims any and all, representations
or warranties, express or implied, regarding the ApplyAdvice Web site,
including without limitation the accuracy, completeness, or reliability of
text, graphics, links, products and services, and other items accessed from
or via the Web site, or that the Web site will be uninterrupted, error-free,
or free of viruses or other harmful components. No advice or information
given by ApplyAdvice or any other party on the Web site shall create any
warranty or liability.
All rights reserved. No part of this website shall be reproduced, stored in
a retrieval system, or transmitted by any means, electronic, mechanical,
photocopying, recording, or otherwise, without written permission from the
ApplyAdvice.Although every precaution has been taken in the preparation of
this website, ApplyAdvice assume no responsibility for errors or omissions.
Neither is any liability assumed for damages resulting from the use of
information contained herein.
ApplyAdvice does not warrant or make any representations regarding the use
or the results of the use of the materials at the Web site in terms of their
correctness, accuracy, timeliness, reliability, or otherwise. Under no
circumstances shall ApplyAdvice or any of its parents, subsidiaries,
affiliates, or their respective partners, officers, directors, employees, or
agents be held liable for any damages, whether direct, incidental, indirect,
special, or consequential, and including, without limitation, lost revenues
or lost profits, arising from or in connection with your use, reliance on,
or performance of the information on the Web site.
ApplyAdvice periodically schedules system downtime for maintenance and other
purposes. Unplanned outages also may occur. ApplyAdvice shall have no
liability for the resulting unavailability of the Web site or for any loss
of data or transactions caused by planned or unplanned system outages, or
any outages of web host providers or the Internet infrastructure and network
external to the Web site however we will try our best to make this site as
available as possible.
Copyright
All materials published on the Web site are protected by copyright laws, and
may not be reproduced, republished, distributed, transmitted, resold,
displayed, broadcast, or otherwise exploited in any manner without the
express written permission of either ApplyAdvice or, in the case of content
licensed by ApplyAdvice from third parties, the entity that is credited as
the copyright holder of such licensed content. You may download freely
accessible material (one copy per page) from this Web site for your personal
and noncommercial use only, without altering or removing any trademark,
copyright, or other notice from such material; you must pay the stated fee
to access contents from our archives and our premium online content that
regularly require username and password for access.
In the event you believe that any content posted on the Web site infringes
your copyright or other intellectual-property rights, you may notify
ApplyAdvice by providing the information required by the Online Copyright
Infringement Liability Limitation Action of the Digital Millennium Copyright
Act, 17 U.S.C. 512, to Apply Advice's Copyright Agent by using our
contact form.
User Generated Content
ApplyAdvice, through its "File Archive", provides users an opportunity to
post files to the Web site. ApplyAdvice does not necessarily endorse,
support, sanction, encourage, or agree with any content and/files posted by
users, containing but not limited to, all files placed at "File Archive".
You shall not post or transmit any unlawful threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent information
of any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate and local, state, national, or
international law, or infringe upon another's copyright or trademark. You
understand that all information, data, text, software, music, sound,
photographs, video, messages, or other materials posted or transmitted in a
ApplyAdvice forum, whether publicly posted or privately transmitted, is the
sole responsibility of the person from whom such content originated. This
means that you, and not ApplyAdvice, are entirely and solely responsible for
all content that you upload, post, or otherwise transmit via the Web site.
ApplyAdvice does not and cannot review the content posted by users and is
not responsible for such content. However, ApplyAdvice shall have the right,
but not the obligation, to delete, move, or edit any content that violates
this agreement or is otherwise objectionable as determined by ApplyAdvice in
its sole discretion and without notice.
If you upload, post, or otherwise transmit content to the Web site, you
acknowledge that any such submissions may be edited, removed, modified,
published, transmitted, and displayed by ApplyAdvice in any medium now
existing or hereinafter invented, and for any purpose, including commercial
uses. You waive any moral rights you may have in having the material edited,
removed, modified, published, transmitted, or displayed in a manner not
agreeable to you.
You agree to indemnify ApplyAdvice and its parents, subsidiaries, and
affiliates, and each of their respective partners, officers, directors,
employees, and agents, against, and to hold each of them harmless from, any
and all claims and liabilities (including attorney's fees) that may arise
from your submissions, from your unauthorized use of material obtained from
the Web site, from your breach of these Terms and Conditions, and from any
such acts arising through your use of the Web site.
Premium Online Content
Purchasers of premium online content are not permitted to share, distribute,
sell, or otherwise transfer their password to other individuals. The
password is for the purchaser's sole use. Significant or unusual use of a
single password (including but not limited to significant use of a single
password on multiple computers) could result in suspension of that password.
Premium online content is protected by copyright laws, and may not be
reproduced, republished, distributed, transmitted, resold, displayed,
broadcast, or otherwise exploited in any manner without the express written
permission of ApplyAdvice.
Featured Services
ApplyAdvice is committed to providing visitors to its site with as many
features as possible. The companies that ApplyAdvice selects as featured
services providers offer products and services that site visitors may find
useful. ApplyAdvice in certain cases may have a business relationship with
certain third parties that it selects as featured service providers.
ApplyAdvice is not responsible for the accuracy or reliability of any advice
or information given, or of any statement made, by the companies providing
featured services, or for the content, services, products, or advertising on
or available from their Web sites, or for the availability and operations of
their Web sites.
Privacy Policy
This privacy policy applies to the Web site only and does not cover
information collected on any third-party sites to which this Web site links.
This privacy policy is part of, and must be read in conjunction with, the
Web site's Terms and Conditions. You can read the entire Terms and
Conditions at
http://www.applyadvice.com/tos.asp. If you do not agree with the
Terms and Conditions in their entirety, please do not use this Web site.
Web Site Users
ApplyAdvice generally collects personally identifiable information such as a
name, postal address, E-mail address, telephone number with your specific
knowledge and consent.
How does the Web site use information supplied by me? Occasionally,
visitors to our Web site may be asked to supply certain personally
identifying information, which is then retained by ApplyAdvice. For example,
we ask you for certain information if you choose to subscribe to our E-mail
newsletters or purchase any/all of our service and/or products. If you
choose to give us personally identifying information at such time, such
information will be retained by us and used only to provide you with
products or services you have requested, or with additional information from
ApplyAdvice about ApplyAdvice, its affiliates, or selected outside companies
whose products or services we feel may be of use to you. Any information
from selected outside companies will be transmitted by ApplyAdvice so that
such companies will not have access either to your E-mail address or to your
other personally identifying information. Moreover, we will not sell or rent
any personally identifying information obtained through the Web site to any
other company or organization.
If, at some point after giving ApplyAdvice your personally identifying
information, you do not wish to continue to receive additional information
from ApplyAdvice about ApplyAdvice, its affiliates, or selected outside
companies, in general, you may opt out by using our
contact form and put the words "remove my name" in the subject line of
your E-mail; in the case of our E-mail newsletters, you also may follow the
procedures at our E-mail newsletter registration page. If you provide
identifying information to subscribe to our newsletter, called Weekly A.A,
either online or offline, please read the policy pertaining to "Weekly A.A
Subscribers" below.
From time to time, the personally identifying information that you provide
to us may be shared with our suppliers or service providers who assist us in
maintaining and managing our newsletters, our premium online content, and
other activities on the Web site. Such suppliers or service providers may
use your personally identifying information only in the course of providing
services to ApplyAdvice, but they may not use such information for other
purposes.
While your individual information is protected as discussed above,
ApplyAdvice reserves the right to use such individual information to create
aggregated, anonymous data about users in order to develop statistics about
activity on and visitors to the Web site. In addition, ApplyAdvice may
disclose personal information if we in good faith believe that such action
is necessary to (1) comply with the law or with legal process; (2) protect
and defend our rights and property; (3) protect against misuse or
unauthorized use of the Web site; or (4) protect the personal safety,
property, or rights of our users or the public.
What are "cookies" and how do you use them? "Cookies" are pieces of
information that are placed by a Web site in a storage place on your
computer. Cookies do not contain information that is, in itself, personally
identifying. ApplyAdvice places cookies on your computer in a limited way to
help deliver advertisements, to calculate unique site visitors, and to track
usage throughout our site. Other uses include placement of cookies to make
the login process more convenient for our members. In addition, some
advertisers may place cookies on your computer. We do not have control over
cookies placed by advertisers.
How is my credit card information used when I make a purchase?
When you make a purchase and click on buy links at
http://www.applyadvice.com/signup.asp , you are transferred to a
Third Party Credit Card Processor's secure environment to purchase the
products from them. Third party credit card
processors are companies that accept credit card orders on behalf of other
online businesses such as ApplyAdvice. Third Party credit card
processor companies own merchant accounts with the additional rights to use
that merchant account to accept credit card orders on behalf of other
companies. They check the cards, process them and
send ApplyAdvice the result. They ask you to provide your credit card
information so that they can process your payment and order. ApplyAdvice
does not ask you about your credit card information and does not have any
access to your private credit card information. Therefore, ApplyAdvice
cannot be held responsible for any claims and liabilities regarding the
credit card processors. You should check their own policy or contact them
directly if you had any question.
Weekly A.A Subscribers
From time to time, Weekly A.A, newsletter of ApplyAdvice, is approached by
third parties interested in contacting our news letter's subscribers.
Perhaps they are in a similar business or have a product to offer that would
interest our subscribers. We may provide our mailing list of newsletter
subscribers to such third parties if we believe our subscribers would be
interested in hearing from them. Many of our subscribers find this a
valuable and timesaving service. If you subscribe to our newsletter and want
us to exclude your name from mailing lists provided to third parties, E-mail
us at the address below with your request. Please specify that you would
like your name removed from the mailing list, and include your full name and
address. Use our contact form. Please allow six to
eight weeks for your request to take effect.
Children's Online Privacy Protection Act
No one under the age of 13 should provide any personal information. In
general, ApplyAdvice does not knowingly collect personally identifiable
information from children under 13. If in limited circumstances we do
knowingly collect personally identifiable information from children under
the age of 13, we will do so only with verified parental consent prior to
collection. In the event that we learn that we have collected information
from a child under the age of 13 without verification of parental consent,
we will delete this information from our database as quickly as possible. If
you believe the Web site has any information about anyone under 13, please
use our contact form.
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