Your continued access and use of the Site is conditional on your acceptance of and continued compliance with the terms and conditions set out
below. These Terms will govern your use of any new features that augment or enhance the current Services. In addition to these Terms and any
By accessing, browsing, using and/or downloading the pages in this Site, by making a purchase through the Site, or by registering to become a Member or to attend one of our conferences, webinars, or events, you agree to accept and comply with these Agreements. If you do not agree to accept and comply with the Agreements, you must immediately stop accessing, browsing or otherwise using our Services.
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Agreements, you may terminate your account by contacting us.
2. USE OF THE SERVICES
2.1 Representations Regarding Your Use of the Services. Representations Regarding Your Use of the Services. When you use the Services, you represent that: (a) the information you submit to the Services is truthful and accurate; (b) your use of the Services does not violate any applicable law or regulation; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms. You must be 18 years or older to use any part of the Services. If you are less than 16 years of age and would like to use, subscribe or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.
2.2 Account Registration.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and secure password upon providing registration information and successfully completing the registration process. This account is personal to you and you may not under any circumstances share it or allow any other person to utilize your account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify APBN in the event that your registration information changes, or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. APBN may refuse to grant a particular username to you for any reason.
2.3 Management of the Services.
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site for violations of the Agreements, and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any APBN Content or any portion thereof; (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site; and/or (e) terminate or block your use of the Site for violating these Terms.
2.4 Our Rights to Restrict, Revoke or Terminate Access.
Without limiting any other provision of these Terms or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Site or to terminate the user account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation.
3. ACCEPTABLE USE
3.1 Prohibition on Transmission of Sensitive Information. You are prohibited from transmitting any “sensitive” personal information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card or bank account or other financial information (except to make a Purchase), other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, or other sensitive matters (“Sensitive Personal Information”).
3.2 Prohibited Uses of the Site.
You are also prohibited from: (i) using the Site to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Site any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy; (iv) disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Site in such a way that damages the image or rights of APBN, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the APBN Content in whole or in part, including, without limitation, creating any frames at any other Sites pertaining to any portions of this Site; and (x) attempting to circumvent, disable or otherwise interfere with security related features of the Site or Services that prevent or restrict use or copying of any APBN Content or enforce limitations on use of the Site.
4. RESTRICTIONS ON USE OF SITE CONTENT AND IN PUBLICATIONS
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, white papers, frameworks, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, “APBN Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by APBN. Except as expressly provided in the Agreements, no license to use, copy, distribute, republish, transmit or otherwise exploit any APBN Content is given to you and all intellectual property rights in and to the APBN Content are expressly reserved to APBN. Nothing on this Site should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any APBN trademark or APBN Content without our written permission. Neither the name of APBN nor our logo may be used in any way, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain our written permission in advance. You shall abide by all additional copyright notices, information, or restrictions contained in any APBN Content accessed through the Site. You may download or copy the APBN Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein.
5. USER GENERATED CONTENT, FEEDBACK AND SUBMISSIONS
The Site may offer you the opportunity to submit or post information to the Site or Services, and to share information with other users through chat rooms or via social media forums. You agree to use common sense, respect for others, and good judgment when conducting or posting any online communication or distribution of information (see also the “Acceptable Use” section below). Any information submitted to the Site or to our social media forums on the internet through any means is “Submitted Content.” You are solely responsible for your Submitted Content. APBN is not a publisher of Submitted Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Submitted Content.
5.1 Your Representations.
By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.
5.2 Social Media Forums.
If you submit comments, ideas, or feedback to us through the Site or otherwise, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by APBN, or obtained from sources other than you.
5.4 License to Submitted Content.
By posting Submitted Content to any part of the Services you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorize sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.
5.5 Rules Regarding Submitting Content.
By using our Services, you agree not to post any Submitted Content that you know is incorrect or not current. You further agree not to post Submitted Content or take any action that creates liability for us in any manner whatsoever; violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct; scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services; contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law; advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the Services; contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a large burden or load on our Services or systems; or that infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.
5.6 Our Rights. We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion. You agree that any action or inaction we take to prevent, restrict, redress, or regulate Submitted Content, or to implement other enforcement measures against any Submitted Content, is undertaken voluntarily and in good faith. We may moderate Submitted Content, conduct, and compliance with the Agreements at our discretion, but they do not have any authority to make binding commitments, promises or representations on our behalf. You expressly agree that we shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct or potential or purported violation of the Terms.
6. PURCHASES & PROMOTIONS
6.2 Purchase Process.
To pay for APBN Content, you will be asked to select from a list of available payment methods. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We reserve the right to request proof of payment before accepting an order. By submitting an order to APBN and providing your payment method information, you acknowledge that:
you have confirmed the details of your purchase
you have read and accept this Agreement, and any applicable additional terms
your billing and payment method information are true and accurate, and
you are authorized to use such payment method
You agree not to make use of any payment methods to purchase APBN Content for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity. Your account may be suspended or terminated if such activity is detected by APBN on your APBN account.
Your order is an offer to purchase APBN Content at the Purchase Price (as defined in Section 6.3 below) and terms shown. All orders are subject to APBN’s acceptance. We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to: product or service availability; we suspect you are purchasing products for resale without written permission from us; errors in the description or price of the product or service; error in your order or other reasons; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Services.
After having received and accepted your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and APBN will not take place unless and until you have received your order confirmation e-mail. If you have any queries regarding an order, contact us.
Without limiting the generality of any other section of these Terms, APBN reserves the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your order will be reduced accordingly.
All orders are subject to verification by APBN at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to APBN): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms. It is your responsibility to ensure that all your contact details, items ordered, chosen method of payment and the purchase price in the order confirmation are correct.
6.3 Pricing and Taxes.
All fees are exclusive of taxes, which we will charge as applicable. When you purchase APBN Content the price payable is the price indicated at the time of purchase, and you agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that APBN assesses on your purchase (the "Purchase Price"). Sales or use tax will be calculated based on your billing address. All prices are in United States dollars, unless otherwise stated. We are not able to notify you in advance of changes in applicable taxes. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the APBN Content until we have successfully charged a valid payment method. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Please note, your payment method provider may apply a currency conversion rate to the Purchase Price, and/or additional processing fees. APBN is not responsible for such charges and fees; please contact your payment method provider for further details. In addition, there may be additional costs associated with accessing APBN Content depending on your internet service provider ("ISP") and/or network operator ("NO") plan. Please see your ISP's or NO's terms and conditions.
6.4 Shipments, Delivery & Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options, including the identity of the shipper and please ensure that the delivery options selected are reflected correctly on the order. You are responsible for all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. The estimated delivery time will be specified in your order: however, shipping and delivery dates are estimates only and cannot be guaranteed. To the fullest extent permissible by applicable law, we are not liable for any delays in shipments.
6.5 Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations, including those of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying ISCA Content from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
We may occasionally offer contest, sweepstakes or promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You are required to provide your payment details when you sign up for a promotion. Certain promotions may not permit cancellation during the promotional period. You agree to the cancellation and refund terms stated at the time of purchase.
7. REFUNDS, SUBSCRIPTIONS & FEE CHANGES
Please see the information and chart below for details on refund eligibility.
One-time purchases for products or services, such as Bookstore sales including print books and materials, digital learning materials, and general merchandise, cannot be canceled or refunded, unless there are additional terms for a specific product or service that permit otherwise.
All event registration sales are nonrefundable and nontransferable Unless otherwise stated by APBN in a written Cancellation Policy or Registration and Payment Policy for an individual event.
Professional memberships and chapter dues are non-refundable once purchased.
You can cancel your auto-renewal for your subscription-based service at any time, and you will continue to have access to your subscription or a substantially similar subscription through the end of your subscription term. We do not provide refunds or credits for any partial subscription term.
To cancel your auto-renewal for your subscription-based service, please contact us. We must receive your written request to cancel your subscription-based service at least fourteen (14) calendar days before the next subscription term to avoid further charges. Before each renewal, we will send a reminder with the term and rate then in effect. If you do not make changes, we will charge the payment method you selected.
In those jurisdictions where it is permissible, unless you cancel auto-renewal for your subscription, the subscription-based service will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then-current nonpromotional rate.
We may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle. We will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
In order to receive refunds for exam fees and registrations, written notice must be received by APBN at least 30 days from the scheduled exam date to receive a full refund. No refunds can be issued for exams that the user has already taken.
8. ACCESS TO SITE & SERVICES
While APBN endeavors to ensure that this Site and its Services are available at all times, APBN will not be liable if, for any reason, this Site is unavailable at any time or for any period.
Our Site may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions. We do not offer a service level or uptime guarantee with our Sites and Services.
You may also experience interruptions or issues in accessing our Services for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan. You acknowledge that the availability of our Services is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.
9. THIRD PARTY LINKS
The Site may contain links to third party websites that are not owned or controlled by APBN. A description or link to such third-party services does not imply our endorsement of the third-party service.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, THE APBN CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, APBN DOES NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, APBN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE WEBSITE, THE SERVICES, THE SITE CONTENT, OR ANY OTHER MATERIALS OR ITEMS ON THE WEBSITE OR LINKED TO BY THE SITE. APBN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE SITE CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE WEBSITE), (II) PERSONAL INJURY, PROPERTY DAMAGE OR INVESTMENT LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR WEBSITE OR SERVICES, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY OF THE SITE CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APBN, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS OF APBN EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE SITE, ANY OTHER MATTER RELATED TO THIS SITE AND ANY SITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY STIE LINKED TO THE SITE.
YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL APBN, ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS SITE BE LIABLE FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF THE SITE OR $100, WHICHEVER IS LESS.
To the extent permitted under applicable law, you will indemnify and hold APBN, our affiliates, and each of our respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Site, any content or information available through the Site, or any violation of the Agreements and/or the terms and conditions that are applicable to your use of third-party sites.
13. DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW AND JURISDICTION
13.1 Dispute Resolution Generally.
By using, making a purchase through, or otherwise interacting with this Site, you agree to that the extent permissible by applicable law: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Site, or any goods or services purchased through the Site, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
For users of the Services that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to this Section 12, then either party may initiate binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, APBN will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor APBN shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
13.3 Class Action and Class Arbitration Waiver.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT DOWNLOAD AND/OR USE THIS APP IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
13.4 Waiver of Jury Trial.
BY USING, MAKING A PURCHASE THROUGH OR OTHERWISE INTERACTING WITH THE Site, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU FURTHER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Site WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13.5 Governing Law & Jurisdiction.
All disputes in connection with the Services and any purchases made through the Site, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the State of Illinois in the state or federal courts in Cook County, Illinois and you consent to the exclusive jurisdiction of such courts.
Moreover, to the extent that the arbitration provisions set forth in this Section 13 of the Terms do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 12, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the State of Illinois for any litigation other than small claims court actions. In the event of relating to these Terms or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
13.6 Exception – Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
13.7 Exception – California Privacy Attorney Generals Act (PAGA) Action.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
13.8 Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section of these Terms by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of accepting these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
14. CLAIMS OF COPYRIGHT INFRINGEMENT — DMCA NOTICE
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by submitting a written notice (the “DMCA Notice”) to us with the following information:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Completed notices should be sent by email to: firstname.lastname@example.org. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
15.1 Applicability of Terms to Events.
These Terms apply to all APBN events, including, but not limited to, conferences, in-person training, online training, webinars, and other virtual or in-person events (together, “Events”). To register, you must acknowledge and accept the Terms contained herein. Should you not wish to accept the Terms, you will not be able to register for the Event.
15.2 Use of Personal Information.
APBN may also disclose your personal information to third party service providers engaged by APBN to assist in the conduct of the Event. Information you provide when registering for or participating in an Event managed or co-sponsored by parties other than or in addition to APBN may be shared with those parties and the treatment of such information is further subject to the privacy policies of those parties.
APBN prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law. Participants at Events are expected to treat all Event participants, staff, vendors and others with tolerance and respect at all times, and to contact APBN staff in the event of any issues or concerns.
15.4 Liability Waiver and Release.
In consideration of being allowed to register for, and participate in the event, you hereby warrant and represent that you are age 18 or above and freely waive, release from liability, assume all risks, and covenant not to sue APBN or its members, employees, directors and officers, agents, or volunteers for any expense, loss, damage, personal injury, including loss of life, illness, disability, property damage, or property theft or actions of any kind that you may hereafter suffer or sustain before, during, or after the event, unless said expense, loss, damage, personal injury, including loss of life, illness, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of APBN. This liability waiver and release is specifically binding upon your heirs and assigns and is knowingly given.
15.5 Event Speakers.
If you agree to speak at an APBN Event, we may share your contact and biographical information with Event attendees. Sometimes we may also request a photograph. In other cases, we post on the respective Event website information such as your name, employer, physical work address, work email address, as well as a link to your company website and/or professional network page available to the public. Additionally, speakers may be asked to complete a release agreement or copyright form prior to their presentation.
15.6 Badge Scanning.
At some APBN Events, co-sponsors, exhibitors and other third parties may directly request your personal information at their exhibit booths or presentations. Providing your information to them is optional, and you should review their privacy policies to address your needs and concerns about how they will treat your personal information. If during the event you attend a session or program hosted by an exhibitor other than APBN, you understand and agree that when you present your badge for scanning or when you provide personal information, that information will go to a non-APBN entity and APBN takes no responsibility for how that company uses your personal information.
15.7 Photography and Recordings.
APBN may hire professional service providers (E.g., photo, video, streaming or audio) to document and display the Event experience. APBN may also use social media to post real-time photos and videos to social media feeds. Attendees and sponsors are also encouraged to capture their event experiences and post their own social content from the Event (text, photos, audio, video, streaming), provided it does not infringe upon the rights of any attendee, sponsor, third party, or APBN. Such infringement would include, but is not limited to, defamation or infringement of intellectual property rights. In the event an attendee requires a release or permission to protect the rights of a third party, obtaining such a release or permission shall be the sole responsibility of the attendee. By attending the Event, you acknowledge and agree as follows: (a) APBN may edit and use footage it captures at the event for marketing and promotional activities and for any other lawful purpose in the ordinary course of its business; and (b) due to the prevalence of mobile recording devices in today’s world, APBN disclaims all liability for the capture of your image in any multimedia format by other attendees at the event.
15.8 Session Availability.
Your Event registration provides access to certain sessions based on your attendee profile and registration package. Session admission is also subject to venue capacity. Promoted Event sessions does not guarantee access to any sessions.
15.9. Attendee Conduct.
You agree to abide by all fire, safety, and health regulations of the local, city, state, hotel, convention centers and health screening vendors where the Event is held. You must comply with all applicable federal, state, and local ordinances, as well as APBN policies and procedures. You understand and agree that attendees who violate such rules or policies, and/or behave in an unsafe or careless manner while attending the Event may be denied entry and/or asked to leave immediately. You acknowledge that such violations may result in Your removal from the Event and You may be barred from returning without any registration fee refund. Illegal, disruptive or dangerous behavior that interferes with the Event, or anyone else’s health or safety, is strictly prohibited.
APBN, directly or through its designated agents, have the right to analyze Exam results and Exam data in any way it sees fit to monitor for Exam fraud and Exam irregularities.
We may assign our rights under these Terms without your approval and with or without notice to you.
17. Entire Agreement.
These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
18. CONTACT US
Please contact us at any time if you have any questions about these terms by writing to The Information Systems Audit and Control Association, Inc., 1700 East Golf Road, Suite #400, Schaumburg, Illinois 60173 or email us at email@example.com.