Effective date: February 2, 2021
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ENTER THE SITE. By using this Site, you agree to be legally bound by the terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, you may not use this Site.
The word "Content" as used in this Agreement means any and all information, data, software, content, materials, documents, text, photographs, audio, video, sounds, music, illustrations, graphics, logos, functions, processes and the like that are available on, in or through this Site.
Disclaimers and Limitation of Damages
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER.
AS TO THE CONTENT AND OPERATION OF THIS SITE, AND ANY GOODS AND SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, APS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE. YOU SHALL HOLD APS HARMLESS AND INDEMNIFY APS FOR ANY AND ALL THIRD PARTY CLAIMS ARISING OUT OF OR RESULTING FROM THEIR USE OF ANY GOODS OR SERVICES OBTAINED FROM THIRD PARTY REFERRALS OR MADE AVAILABLE THROUGH THIS SITE.
APS DOES NOT WARRANT THAT THE CONTENT AND OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ITS CONTENT OR ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APS, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, EVEN IF APS IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF APS, ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, INSURERS, LICENSORS, OR THIRD PARTY PROVIDERS OF CONTENT, GOODS OR SERVICES, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF USE OF THIS SITE, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE DOLLAR AMOUNT OF ONE HUNDRED DOLLARS ($100). THE FOREGOING PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF APS, ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, INSURERS, LICENSORS, AND THIRD PARTY PROVIDERS OF CONTENT, GOODS OR SERVICES, AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THE PROVISIONS DIRECTLY ON THEIR OWN BEHALF.
Rights in Content
Unless otherwise indicated in the Site, all Content is the property of, or licensed to, APS and is protected under U.S. and foreign copyright, trademark, and other intellectual property laws. Other than as stated in this Agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license or any other right to the Content.
Unless otherwise indicated in this Site, APS grants you the limited right to display the visual Content only on your computer screen, play the audio Content through your computer's audio components, copy the Content to the limited extent necessary for such display, and, on an occasional basis, to print and store the visual Content for your personal, noncommercial use, provided that all copyright notices located on the visual Content appear on the printed and stored versions. This limited right automatically terminates without notice to you if you breach this Agreement. APS reserves all rights and title to all Content, including that which is copied, printed or displayed.
Framing, Copying, Distributing and Linking restrictions
Other than as stated in this Agreement, you may not copy, modify, frame, mirror, or distribute the Content in any form (including by email or by incorporating it in another website) without written permission from APS. APS encourages you instead to tell others about the Site and direct them to the Site.
Commercial use, broadcasting or otherwise disseminating any Content in any media, without the prior written consent of APS, is strictly prohibited. For example, you may not post any Content from the Site to news groups, list serves or electronic bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any webcasts or other audio Content, in all or in part. APS reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.
You may create a hypertext link to the home page of this Site provided you do not state or imply that APS sponsors or endorses your site. Please send APS prior written notification of your intention to link to our Site. Links to pages in this Site other than to the home page (otherwise known as deep-linking) require APS’s written permission.
Privacy and Security
We take reasonable steps to protect your personal information from unauthorized parties. However, technology is not failproof. It may be possible for an unauthorized person to gain access to your information notwithstanding our security measures. Therefore, please note that you enter information in this Site at your own risk.
This Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Links to Other Sites (Third Party Sites)
There may be links on our Site that take you to websites that are not owned and operated by APS, but are owned and operated by third parties (Third Party Sites). APS is not an agent, partner, sales representative or distributor for the owners or operators of these Third Party Sites.
Although these Third Party Sites offer content, goods or services (Third Party Goods and Services) that we believe may be of value to Site users, APS provides these links only as a convenience and APS’s inclusion of a link to a Third Party Site does not imply APS’s endorsement of that Third Party Site, or the Third Party Goods and Services. APS reserves the right to change or discontinue, without prior notice, any link or program it has with such Third Party Sites.
The purchase of any Third Party Goods and Services arising from or related to your visit to any Third Party Site is solely between you and the third party owning or operating the Third Party Site, and APS shall have no obligation regarding any such transaction. APS does not represent or warrant the correctness, validity, accuracy, or reliability of any Third Party Sites or Third Party Goods and Services. You bear all risks and responsibilities associated with your use of Third Party Sites and Third Party Goods and Services, and you agree that APS shall not be directly or indirectly liable for any damages that arise from your use of Third Party Sites or Third Party Goods and Services.
Email and Other Information Submissions
While we appreciate receiving email from our Site visitors, please note that information transmitted via email is not secure and will not be treated as confidential. Although APS takes reasonable precautions to ensure no viruses are present in emails it sends and receives, we advise you to use up-to-date virus scanning software on your computer to further reduce the risk of encountering a virus. Please note that APS accepts no responsibility or liability for any loss or damage arising from the use of email or their attachments, or for any viruses or errors or delays in the contents that result from email transmissions.
You agree to use this Site only for lawful purposes. As such, you are prohibited from posting on or transmitting through this Site any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable or illegal material of any kind. If APS is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, APS may investigate and in its sole discretion remove or request the removal of such material. APS may disclose any material or electronic communication of any kind and the sender of such material or communication (a) to satisfy any law, regulation, or government request; (b) if APS deems such disclosure necessary or appropriate to operate this Site or APS; or (c) to protect the rights or property of APS, its parent, subsidiaries, affiliates, suppliers, other Site users or third parties.
By using the Site, you agree not to send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Site; (2) engage in any activity in connection with the Site that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Site for any unlawful purpose; (4) resell or export the software associated with the Site; (5) use the Site for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Site; (7) interfere with the proper operation of any security measure used by the Site; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site; or (9) use any crawl, index, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Site.
APS reserves the right to prohibit your conduct, communication, and material on this Site that it deems in its sole discretion to be harmful or that violates the Agreement or any applicable law. Notwithstanding the foregoing, neither APS, nor its parent, subsidiaries, affiliates, officers, directors, employees, suppliers or agents shall assume liability for any action or inaction with respect to conduct, communication, or user material on this Site.
APS operates this Site from its offices in the state of Arizona, USA. This Agreement is entered into in the State of Arizona and it shall be interpreted, construed and governed by the laws of the State of Arizona, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement or resulting from a Site visitor's access or use of the Site shall lie exclusively in the State and Federal Courts located in Maricopa County, Arizona, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to this Site, its Content, or any Third Party Goods and Services must be commenced within one (1) year after the claim or cause of action arises.
APS's failure to require or enforce strict performance of any term or condition of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of APS's right to assert or rely upon any such provision or right in that or any other instance.
In the event any portion of this Agreement (including any portion of any agreement that is referenced by, in or to this Agreement) is found to be illegal or unenforceable, that portion shall be severed from the Agreement, and the remaining terms shall be separately enforced to the maximum extent permissible so as to effect the intent of this Agreement.
Visitors to this Site shall at all times comply with all applicable laws, rules and regulations that may apply to visitor's use of this Site.
APS reserves the right to modify or, temporarily or permanently, discontinue this Site with or without notice to you. You agree that APS shall not be liable to you or any third party for any damage or loss caused or alleged to be caused by or in connection with the modification or discontinuance of this Site.
Your use of this Site is subject to the additional disclaimers and notices that may appear throughout the Site, and any other agreements between APS and you regarding information available on, in or through this Site. This Agreement, including all other documents, disclaimers, agreements and notices referenced herein and in the Site, represent the entire understanding between you and APS regarding your use of this Site, and supersedes any prior statements or representations. You agree to be bound to this Agreement by your use of the Site.