Last Modified: July 12, 2021
AMERICAN PRISON DATA SYSTEMS PROCEDURES FOR COPYRIGHT INFRINGEMENT NOTICE UNDER DIGITAL MILLENNIUM COPYRIGHT ACT SECTION 512*
*Unless otherwise defined herein,
all defined terms used herein are as defined in AMERICAN PRISON DATA SYSTEMS, PBC (“APDS”) Terms
of Use Agreement to which these Procedures for Copyright Infringement Notice are linked and
incorporated herein by reference.
If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Authorized User’s Contribution or any user-generated content or other materials provided through the APDS Services, including content on the APDS Website or transmitted through a Mobile Application on a mobile phone or mobile computing device application, infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (‘‘DMCA’’), a copy of which Act may be found at:
http://www.copyright.gov/legislation/dmca.pdf.
Based on the Act, your copyright notice to APDS (“DMCA Copyright Notice”) should contain the items set forth below in an email to APDS’s designated DMCA Copyright Agent at:
copyright@APDScorporate.com
or via electronic mail or fax with confirmation of transmission or by registered U.S. Mail to the physical address set forth below:
APDS DMCA Copyright Agent
AMERICAN PRISON DATASYSTEMS, PBC
65 West 36th Street, 2nd Floor
New York, NY 10018
Email: copyright@APDScorporate.com
For clarity, only DMCA notices should go to the APDS DMCA Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to APDS user support services through:
helpdesk@apds.works
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA Copyright Notice may not be valid.
If you receive a notification that your Contribution or User-generated content provided through the APDS Services, including on the Website has been removed due to a claim of copyright infringement in a DMCA Copyright Notice, it means that the Contribution’s content has been deleted from the APDS Services at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on the APDS Services, and your account may be disabled completely.
If you believe user-generated content, comprising a content Contribution you posted or submitted was removed in error, you have the option to file a counter-notice (“Counter-Notice”) by following the steps below. Upon receipt of a valid Counter-Notice, we will forward a copy to the person who filed the original DMCA Copyright Notice. If we do not receive notice within 10 business days that the submitter of the original claims in their DMCA Copyright Notice is seeking a court order to prevent further infringement of the content at issue, we will remove the claim and the DMCA Copyright Notice from your account's record, and we may, but are not obligated to, replace the content Contribution that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a Counter-Notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
1. Deliver your Counter-Notice via email with all items completed, to the APDS DMCA Copyright Agent:
copyright@APDScorporate.com
2. Include ALL the following:
";
/**
* End Copy Rights
*/
/**
* Start User Agreement
*/
const USER_AGREEMENT = "If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Authorized User’s Contribution or any user-generated content or other materials provided through the APDS Services, including content on the APDS Website or transmitted through a Mobile Application on a mobile phone or mobile computing device application, infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (‘‘DMCA’’), a copy of which Act may be found at:
http://www.copyright.gov/legislation/dmca.pdf.
Based on the Act, your copyright notice to APDS (“DMCA Copyright Notice”) should contain the items set forth below in an email to APDS’s designated DMCA Copyright Agent at:
copyright@APDScorporate.com
or via electronic mail or fax with confirmation of transmission or by registered U.S. Mail to the physical address set forth below:
Notice of Alleged Copyright Infringement Pursuant to DMCA § 512 (17 U.S.C.S. §
512 (1998))
- Identify the material comprising your copyrighted work that you claim has been infringed; if multiple copyrighted works are covered by this DMCA Copyright Notice - you may attach a representative list of each copyrighted work that you claim has been infringed.
- Identify (i) the material that you claim is infringing (or is the subject of infringing activity) and that you are asking APDS to remove by this Notice or access to which you are asking APDS to disable, and a link, screen shot or other reasonably sufficient information to permit APDS to find the material on the APDS Services, including at a minimum, if applicable, the URL of the link shown on the Website or mobile application where such material may be found, and (ii) the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and reasonably sufficient information to permit us to locate that reference or link.
- Provide your contact information: mailing address, telephone number, and email address.
-
Include both of the following statements as the last two paragraphs of the text of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive intellectual property right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature, as the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
APDS DMCA Copyright Agent
AMERICAN PRISON DATASYSTEMS, PBC
65 West 36th Street, 2nd Floor
New York, NY 10018
Email: copyright@APDScorporate.com
For clarity, only DMCA notices should go to the APDS DMCA Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to APDS user support services through:
helpdesk@apds.works
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA Copyright Notice may not be valid.
COUNTER-NOTICE
If you receive a notification that your Contribution or User-generated content provided through the APDS Services, including on the Website has been removed due to a claim of copyright infringement in a DMCA Copyright Notice, it means that the Contribution’s content has been deleted from the APDS Services at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on the APDS Services, and your account may be disabled completely.
If you believe user-generated content, comprising a content Contribution you posted or submitted was removed in error, you have the option to file a counter-notice (“Counter-Notice”) by following the steps below. Upon receipt of a valid Counter-Notice, we will forward a copy to the person who filed the original DMCA Copyright Notice. If we do not receive notice within 10 business days that the submitter of the original claims in their DMCA Copyright Notice is seeking a court order to prevent further infringement of the content at issue, we will remove the claim and the DMCA Copyright Notice from your account's record, and we may, but are not obligated to, replace the content Contribution that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a Counter-Notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
1. Deliver your Counter-Notice via email with all items completed, to the APDS DMCA Copyright Agent:
copyright@APDScorporate.com
2. Include ALL the following:
a. Your name, address, and telephone number.
b. DMCA ID printed at the bottom of the DMCA Copyright Notice email.
c. Copy and paste the link in the DMCA Copyright Notice email, to provide the source address of the Contribution that was removed.
d. A statement under penalty of perjury that you have a good faith belief that the Contribution was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which APDS may be found, and that you will accept service of process from the person who provided the original complaint under DMCA Copyright Notice or an agent of such person.
f. A physical or electronic signature (for example, typing your full name).
b. DMCA ID printed at the bottom of the DMCA Copyright Notice email.
c. Copy and paste the link in the DMCA Copyright Notice email, to provide the source address of the Contribution that was removed.
d. A statement under penalty of perjury that you have a good faith belief that the Contribution was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which APDS may be found, and that you will accept service of process from the person who provided the original complaint under DMCA Copyright Notice or an agent of such person.
f. A physical or electronic signature (for example, typing your full name).
This Mobile Applications End User License Agreement (“Agreement”) is a
binding agreement between you (“End User” or “you”) and AMERICAN PRISON DATA SYSTEMS, PBC (“APDS”).
This Agreement governs your use of the applications installed, accessed or used on the tablet or
other secure mobile computing device issued to you (“SMCD”) by your corrections facility
(“Facility”) subject to approval by the relevant authorities, including law enforcement and the
administrators and staff of the Facility in whose restricted custody and control you have been
placed (each an “Authority” and collectively, the "Authorities")
to access the services provided under contract between APDS and its designated vendors and service
partners for the digital content, software applications, technology services, hosted websites, and
secure hardware solutions for correctional institutions known as the “APDS Technology Suite”
(collectively, the “Services”). Each such SMCD mobile application (including any related
documentation or agreement identified as a software license or “EULA” or “End User License
Agreement” for each respective application incorporated therein and incorporated herein by this
reference) is referred to in this Agreement as a “Mobile
Application” and collectively the “Mobile Applications”. The Mobile Applications are licensed, not
sold, to you.
BY REVIEWING AND SCROLLING TO THE BOTTOM OF THIS AGREEMENT, CLICKING THE “I AGREE” BUTTON AND USING THE MOBILE APPLICATIONS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AN EMANCIPATED MINOR, OR A JUVENILE UNDER CORRECTIONAL CONTROL WITH THE CONSENT OF YOUR APPLICABLE AUTHORITY TO USE THE SMCD ISSUED TO YOU, AND ARE CAPABLE OF ENTERING INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MOBILE APPLICATIONS AND IMMEDIATELY RETURN YOUR SMCD TO THE AUTHORITIES WHO PROVIDED IT TO YOU AT YOUR FACILITY .
1. Mobile Applications License Grant. Subject to the terms of this Agreement, APDS grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to:
2. License Restrictions. You shall not:
3. Reservation of Rights. You acknowledge and agree that the Mobile Applications are provided under license, and not sold, to you. You do not acquire any ownership interest in any Mobile Application under this Agreement, or any other rights thereto other than to use the Mobile Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement and the Terms. APDS and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Mobile Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Intellectual Property. You acknowledge and agree that all product, brand and company names trade names and logos used in any Mobile Application and the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing within any Mobile Application or the Services, whether or not owned and/or operated by APDS, is strictly prohibited. In addition, the look and feel of any Mobile Application and the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of APDS, or the licensor of the Mobile Application and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use a Mobile Application, APDS may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of any Mobile Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using any Mobile Application or certain of its features or functionality, and a Mobile Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with each of the Mobile Applications is subject to our APDS Privacy Policy and Sections 13 and 14 below with reference to specific Mobile Applications for the Services relating to communications and written compositions. By downloading, installing, using, and providing information to or through the Mobile Application, you consent to all actions taken by us with respect to your information in compliance with the APDS Privacy Policy.
6. Content and Services. One or more of the Mobile Applications may provide you with access to one or more of the APDS-hosted websites located at connectedcorrections.com, nationalcorrectionsradio.com,
nationalcorrectionslibrary.com, nationalcorrectionsworks.com or apds-services.com (the “Website(s)”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Mobile Applications (“Content”) may be hosted on the Website(s) or as a location to provide delivery of content and materials to the SMCD (collectively, “Services”). This Agreement includes all updates, upgrades, enhancements, new programs, supplements, additional documentation, software licenses, and all of APDS’ rules and policies, terms and conditions as they apply to the your access to and use of such Content and Services(collectively referred to as the “Terms”), as set forth and governed by a Website’s Terms of Use and Privacy Policy located at
connectedcorrections.com/terms-of-service and APDS Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms and/or to register as an Authorized User with the Website(s), and your failure to do so may restrict you from accessing or using certain of the Mobile Applications’ features and functionality. Any violation of such Terms will also be deemed a violation of this Agreement.
The Terms apply to the use of all the Services, including the APDS-hosted websites, APDS proprietary content, third-party content, applications, Mobile Applications, software, hardware, SMCDs, technologies and services delivered as part of the APDS Technology Suite.
By accessing and using the Content and Services, you as the End User, agree to be legally bound by the Terms, and our APDS Privacy Policy, which is expressly incorporated herein by reference and made a part of the Terms. If you do not wish to be bound by the Terms, please cease use of the Services. Your agreement with ADPS to be bound by and to comply with the Terms becomes effective immediately upon commencement of your use of the Services.
We will continue to evaluate the Terms against new technologies, business practices, and our users’ needs and may make changes to the Terms accordingly. When such changes are made, the updated Terms will be posted on each Website as an updated version of the Terms of Use page on the respective Website displaying a new “Last Modified” date and/or delivered to you via APDS’ Connected Corrections messaging platform at APDS sole discretion. You acknowledge that your continued use of the Content and Services after receipt of the updated Terms means that you agree to be legally bound by such modified Terms.
We attempt to provide accurate descriptions of the Services. However, we do not warrant that product descriptions or other parts of the Services are accurate, complete, reliable, current, or error-free. If any Service is materially misrepresented, your sole remedy is to cease use of that Service and to notify us of the purported error.
7. Content and Services License Grant. APDS grants you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal non-commercial use of the APDS Content and Services. Under no circumstances may you resell, relicense, republish, redistribute, or reproduce any APDS Service or Content contained therein. APDS reserves the right to prohibit any conduct involving the Content or Services that it deems to be in violation of the Terms, in its sole reasonable discretion.
The Services, including all Content thereon, are owned by APDS, our suppliers, or our licensors, and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws and international conventions of the respective owners of the Services, who retain all ownership and intellectual property rights therein.
We reserve all rights not expressly granted to you by this Agreement and in the Terms and no additional rights are granted by implication, estoppel or otherwise.
8. Content and Services License Restrictions. You shall not:
APDS reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality included among our Services from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on APDS’ sole and absolute discretion.
Violation of any of the above restrictions may result in a termination of your ability to access the Content or Services. APDS reserves any and all rights or remedies that may be available in the event of your breach of the Terms or this Agreement.
9. Third-Party Materials. The Mobile Applications may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (” Third-Party Materials”). You acknowledge and agree that APDS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions in addition to the terms included in this Agreement. In the case of any conflict between or ambiguity among the Terms of this Agreement and the terms of any Third-Party Materials, the terms of this Agreement shall control. APDS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF ANY THIRD-PARTY MATERIALS PROVIDED VIA APDS’ LICENSING AGREEMENTS AND SIMILAR AGREEMENTS WITH THIRD PARTY CONTENT AND SERVICE PROVIDERS.
10. Geographic Restrictions. The Content and Services are based in the state of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you are prohibited from and not authorized to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, access will be denied, and we reserve the right to immediately terminate your account]
11. User Representations, Affirmative Covenants and Warranties. As a condition of your access to and use of the Services, you represent, agree and warrant that:
12. Security and Passwords. You are responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others, excepting institutional administrators and staff employed at your correctional institution, do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
13. Communications and Services Non-Confidentiality. APDS may make messaging and/or other synchronous and/or asynchronous audio or video communications services (collectively, “Communications Services”) available to users of the APDS Technology Suite. These Communications Services may be provided via third-party providers and/or via the proprietary APDS Connected Corrections messaging platform. With the exception of protected attorney-client communication and any other communication protected by law and properly designated as such through the appropriate channels and in accordance with the rules and regulations established for identification of such protected communications within the Communications Service, any and all communication conducted via any Communications Service on the APDS platform may be subject to review, approval, and/or audit by appropriate law enforcement authorities, institutional staff or administrators, as well as APDS staff to the extent necessary to address technical issues or as required by court order. By using any Communications Service provided as part of the APDS Technology Suite, with the exception of the communications properly designated as legally protected and qualified as attorney client privileged communications, you acknowledge and agree that APDS makes no guarantee of any confidentiality with respect to your use of the Communications Services.
14. User Composition Non-Confidentiality. APDS Services may include journaling, free-response entry, short answer entry, and/or other functionality whereby you may compose, input and save free-written text (“User Composition Services”). In all cases, all entries related to User Composition Services are made accessible to appropriate institutional staff, administrators, and/or teachers for security audit and review, in accordance with institutional protocols and in adherence to all relevant privacy laws. A record of any and all entries made within User Composition Services may be maintained indefinitely by APDS and/or its licensors for security purposes. By utilizing User Composition Services as part of use of the APDS Technology Suite, you acknowledge and agree that APDS makes no guarantee of any confidentiality with respect to such Services.
15. Indemnification. You agree to indemnify, defend and hold APDS, its suppliers, its licensors, and their respective owners, directors, officers, employees, and shareholders (collectively, the "APDS Parties") harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, incurred by any APDS Party as a result of or in connection with, arising from or relating to (i) your use or misuse of any one or more of the Mobile Applications; (ii) your breach of this Agreement, including but not limited to the content you submit or make available through any of the Mobile Applications; (iii).any violation by you of applicable law; (iv) any violation by you of any rights of a third party; and (v) any use or alleged use of the APDS Technology Suite or the Content or Services by you or anyone within your control.
APDS reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with APDS' defense of such claim. APDS may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
16. No Health Information. THE APDS CONTENT AND SERVICES, WHETHER PROVIDED BY APDS OR BY A THIRD-PARTY CONTENT PROVIDER, ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE SERVICES DO NOT CONSTITUTE MEDICAL, HEALTH OR PSYCHIATRIC ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE SEE A PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL OR PSYCHOLOGICAL ADVICE OR DELAY IN SEEKING MEDICAL OR PSYCHOLOGICAL ADVICE BECAUSE OF ANY INFORMATION INCLUDED IN THE SERVICES, AND YOU SHOULD NOT USE OR RELY ON THE SERVICES FOR DIAGNOSING OR TREATING A MEDICAL OR PSYCHIATRIC PROBLEM.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE APDS MOBILE APPLICATIONS, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, APDS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE APDS MOBILE APPLICATIONS, CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, APDS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS AND DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
IN THE EVENT OF ANY INTERRUPTION IN DELIVERY OF THE SERVICES, APDS’ SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU TO ANY SUPPORT FOR THE APDS SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM APDS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT APDS SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE MOBILE APPLICATIONS, CONTENT AND SERVICES (OR APDS’ SUSPENSION OR TERMINATION OF ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND, IN NO EVENT SHALL APDS OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE MOBILE APPLICATIONS, CONTENT OR SERVICES, EVEN IF APDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
18. Termination of Access. APDS reserves the right to modify, suspend or discontinue your access to the Mobile Applications, Content and Services (or any part thereof) at any time with or without notice to you. APDS shall not be liable to you or any third party should we exercise such right.
19. Miscellaneous.
BY REVIEWING AND SCROLLING TO THE BOTTOM OF THIS AGREEMENT, CLICKING THE “I AGREE” BUTTON AND USING THE MOBILE APPLICATIONS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AN EMANCIPATED MINOR, OR A JUVENILE UNDER CORRECTIONAL CONTROL WITH THE CONSENT OF YOUR APPLICABLE AUTHORITY TO USE THE SMCD ISSUED TO YOU, AND ARE CAPABLE OF ENTERING INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MOBILE APPLICATIONS AND IMMEDIATELY RETURN YOUR SMCD TO THE AUTHORITIES WHO PROVIDED IT TO YOU AT YOUR FACILITY .
1. Mobile Applications License Grant. Subject to the terms of this Agreement, APDS grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to:
(a) download, install and use the Mobile Applications for your personal, non-commercial use on a
single SMCD issued to you by your Applicable Authority at your Facility strictly in accordance with
each Mobile Application’s respective documentation; and
(b) access, stream, download, and use on such SMCD the Content and Services (as more specifically set forth in Section 6) made available in or otherwise accessible through the Mobile Applications, strictly in accordance with this Agreement and the Terms applicable to such Content and Services as set forth in Section 6.
(b) access, stream, download, and use on such SMCD the Content and Services (as more specifically set forth in Section 6) made available in or otherwise accessible through the Mobile Applications, strictly in accordance with this Agreement and the Terms applicable to such Content and Services as set forth in Section 6.
2. License Restrictions. You shall not:
(a) copy any Mobile Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or capable of copyright registration, of any Mobile Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Mobile Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Mobile Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Mobile Application, or any features or functionality of any Mobile Application, to any third party for any reason, including by making any Mobile Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Mobile Application; or
(g) use any Mobile Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or capable of copyright registration, of any Mobile Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Mobile Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Mobile Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Mobile Application, or any features or functionality of any Mobile Application, to any third party for any reason, including by making any Mobile Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Mobile Application; or
(g) use any Mobile Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Mobile Applications are provided under license, and not sold, to you. You do not acquire any ownership interest in any Mobile Application under this Agreement, or any other rights thereto other than to use the Mobile Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement and the Terms. APDS and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Mobile Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Intellectual Property. You acknowledge and agree that all product, brand and company names trade names and logos used in any Mobile Application and the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing within any Mobile Application or the Services, whether or not owned and/or operated by APDS, is strictly prohibited. In addition, the look and feel of any Mobile Application and the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of APDS, or the licensor of the Mobile Application and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use a Mobile Application, APDS may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of any Mobile Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using any Mobile Application or certain of its features or functionality, and a Mobile Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with each of the Mobile Applications is subject to our APDS Privacy Policy and Sections 13 and 14 below with reference to specific Mobile Applications for the Services relating to communications and written compositions. By downloading, installing, using, and providing information to or through the Mobile Application, you consent to all actions taken by us with respect to your information in compliance with the APDS Privacy Policy.
6. Content and Services. One or more of the Mobile Applications may provide you with access to one or more of the APDS-hosted websites located at connectedcorrections.com, nationalcorrectionsradio.com,
nationalcorrectionslibrary.com, nationalcorrectionsworks.com or apds-services.com (the “Website(s)”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Mobile Applications (“Content”) may be hosted on the Website(s) or as a location to provide delivery of content and materials to the SMCD (collectively, “Services”). This Agreement includes all updates, upgrades, enhancements, new programs, supplements, additional documentation, software licenses, and all of APDS’ rules and policies, terms and conditions as they apply to the your access to and use of such Content and Services(collectively referred to as the “Terms”), as set forth and governed by a Website’s Terms of Use and Privacy Policy located at
connectedcorrections.com/terms-of-service and APDS Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms and/or to register as an Authorized User with the Website(s), and your failure to do so may restrict you from accessing or using certain of the Mobile Applications’ features and functionality. Any violation of such Terms will also be deemed a violation of this Agreement.
The Terms apply to the use of all the Services, including the APDS-hosted websites, APDS proprietary content, third-party content, applications, Mobile Applications, software, hardware, SMCDs, technologies and services delivered as part of the APDS Technology Suite.
By accessing and using the Content and Services, you as the End User, agree to be legally bound by the Terms, and our APDS Privacy Policy, which is expressly incorporated herein by reference and made a part of the Terms. If you do not wish to be bound by the Terms, please cease use of the Services. Your agreement with ADPS to be bound by and to comply with the Terms becomes effective immediately upon commencement of your use of the Services.
We will continue to evaluate the Terms against new technologies, business practices, and our users’ needs and may make changes to the Terms accordingly. When such changes are made, the updated Terms will be posted on each Website as an updated version of the Terms of Use page on the respective Website displaying a new “Last Modified” date and/or delivered to you via APDS’ Connected Corrections messaging platform at APDS sole discretion. You acknowledge that your continued use of the Content and Services after receipt of the updated Terms means that you agree to be legally bound by such modified Terms.
We attempt to provide accurate descriptions of the Services. However, we do not warrant that product descriptions or other parts of the Services are accurate, complete, reliable, current, or error-free. If any Service is materially misrepresented, your sole remedy is to cease use of that Service and to notify us of the purported error.
7. Content and Services License Grant. APDS grants you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal non-commercial use of the APDS Content and Services. Under no circumstances may you resell, relicense, republish, redistribute, or reproduce any APDS Service or Content contained therein. APDS reserves the right to prohibit any conduct involving the Content or Services that it deems to be in violation of the Terms, in its sole reasonable discretion.
The Services, including all Content thereon, are owned by APDS, our suppliers, or our licensors, and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws and international conventions of the respective owners of the Services, who retain all ownership and intellectual property rights therein.
We reserve all rights not expressly granted to you by this Agreement and in the Terms and no additional rights are granted by implication, estoppel or otherwise.
8. Content and Services License Restrictions. You shall not:
- provide inaccurate information to APDS or to any institution administrator or staff person to gain access to the Content and Services;
- copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Services including, but not limited to, translating or creating derivative works, under any circumstances;
- use the Services or the Content thereof, for any commercial or illegal purpose;
- collect and/or use any product listings, descriptions, or prices, or partake in any derivative use of the Content or Services for independent use;
- frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of APDS or its licensors or suppliers;
- use any meta tags or any other “hidden text” utilizing APDS or its suppliers’ or its licensors’ names or trademarks;
- use the Content or Services in a manner that impacts the stability of APDS’ servers or the servers of its licensors or suppliers, and/or impacts the behavior of other mobile applications, software, applications and/or websites using the Content or Services, such as by using data mining, robots, scraping, or similar data gathering and extraction tools on or within the Content or Services;
- use the Content or Services in any manner or for any purpose that may knowingly violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in APDS’ sole discretion) to APDS, its licensors, its suppliers, and end users of the Content or Services; and/or
- circumvent, disable or otherwise interfere with security related features of the APDS Technology Suite, including those that prevent or restrict use or copying of any Content or Services, or that enforce limitations on the use of the Content or Services.
APDS reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality included among our Services from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on APDS’ sole and absolute discretion.
Violation of any of the above restrictions may result in a termination of your ability to access the Content or Services. APDS reserves any and all rights or remedies that may be available in the event of your breach of the Terms or this Agreement.
9. Third-Party Materials. The Mobile Applications may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (” Third-Party Materials”). You acknowledge and agree that APDS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions in addition to the terms included in this Agreement. In the case of any conflict between or ambiguity among the Terms of this Agreement and the terms of any Third-Party Materials, the terms of this Agreement shall control. APDS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF ANY THIRD-PARTY MATERIALS PROVIDED VIA APDS’ LICENSING AGREEMENTS AND SIMILAR AGREEMENTS WITH THIRD PARTY CONTENT AND SERVICE PROVIDERS.
10. Geographic Restrictions. The Content and Services are based in the state of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you are prohibited from and not authorized to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, access will be denied, and we reserve the right to immediately terminate your account]
11. User Representations, Affirmative Covenants and Warranties. As a condition of your access to and use of the Services, you represent, agree and warrant that:
- You have not and will not provide false information or impersonate another person in your use of the Mobile Applications, Content and Services;
- You will only use your own user name and password to access the Mobile Applications, Content and Services;
- You will maintain the confidentiality of all your user names and passwords at all times as relates to all individuals, excepting staff and administrators of your correctional institution;
- You will not assist anyone in gaining unauthorized access to the Mobile Applications, Content and Services;
- You will only attempt to access the Services which you have been authorized to access; and
- You will notify facility staff if you are aware of any unauthorized use of your user name or password in an attempt to access the Mobile Applications, Content and Services
12. Security and Passwords. You are responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others, excepting institutional administrators and staff employed at your correctional institution, do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
13. Communications and Services Non-Confidentiality. APDS may make messaging and/or other synchronous and/or asynchronous audio or video communications services (collectively, “Communications Services”) available to users of the APDS Technology Suite. These Communications Services may be provided via third-party providers and/or via the proprietary APDS Connected Corrections messaging platform. With the exception of protected attorney-client communication and any other communication protected by law and properly designated as such through the appropriate channels and in accordance with the rules and regulations established for identification of such protected communications within the Communications Service, any and all communication conducted via any Communications Service on the APDS platform may be subject to review, approval, and/or audit by appropriate law enforcement authorities, institutional staff or administrators, as well as APDS staff to the extent necessary to address technical issues or as required by court order. By using any Communications Service provided as part of the APDS Technology Suite, with the exception of the communications properly designated as legally protected and qualified as attorney client privileged communications, you acknowledge and agree that APDS makes no guarantee of any confidentiality with respect to your use of the Communications Services.
14. User Composition Non-Confidentiality. APDS Services may include journaling, free-response entry, short answer entry, and/or other functionality whereby you may compose, input and save free-written text (“User Composition Services”). In all cases, all entries related to User Composition Services are made accessible to appropriate institutional staff, administrators, and/or teachers for security audit and review, in accordance with institutional protocols and in adherence to all relevant privacy laws. A record of any and all entries made within User Composition Services may be maintained indefinitely by APDS and/or its licensors for security purposes. By utilizing User Composition Services as part of use of the APDS Technology Suite, you acknowledge and agree that APDS makes no guarantee of any confidentiality with respect to such Services.
15. Indemnification. You agree to indemnify, defend and hold APDS, its suppliers, its licensors, and their respective owners, directors, officers, employees, and shareholders (collectively, the "APDS Parties") harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, incurred by any APDS Party as a result of or in connection with, arising from or relating to (i) your use or misuse of any one or more of the Mobile Applications; (ii) your breach of this Agreement, including but not limited to the content you submit or make available through any of the Mobile Applications; (iii).any violation by you of applicable law; (iv) any violation by you of any rights of a third party; and (v) any use or alleged use of the APDS Technology Suite or the Content or Services by you or anyone within your control.
APDS reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with APDS' defense of such claim. APDS may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
16. No Health Information. THE APDS CONTENT AND SERVICES, WHETHER PROVIDED BY APDS OR BY A THIRD-PARTY CONTENT PROVIDER, ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE SERVICES DO NOT CONSTITUTE MEDICAL, HEALTH OR PSYCHIATRIC ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE SEE A PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL OR PSYCHOLOGICAL ADVICE OR DELAY IN SEEKING MEDICAL OR PSYCHOLOGICAL ADVICE BECAUSE OF ANY INFORMATION INCLUDED IN THE SERVICES, AND YOU SHOULD NOT USE OR RELY ON THE SERVICES FOR DIAGNOSING OR TREATING A MEDICAL OR PSYCHIATRIC PROBLEM.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE APDS MOBILE APPLICATIONS, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, APDS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE APDS MOBILE APPLICATIONS, CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, APDS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS AND DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
IN THE EVENT OF ANY INTERRUPTION IN DELIVERY OF THE SERVICES, APDS’ SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU TO ANY SUPPORT FOR THE APDS SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM APDS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT APDS SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE MOBILE APPLICATIONS, CONTENT AND SERVICES (OR APDS’ SUSPENSION OR TERMINATION OF ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND, IN NO EVENT SHALL APDS OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE MOBILE APPLICATIONS, CONTENT OR SERVICES, EVEN IF APDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
18. Termination of Access. APDS reserves the right to modify, suspend or discontinue your access to the Mobile Applications, Content and Services (or any part thereof) at any time with or without notice to you. APDS shall not be liable to you or any third party should we exercise such right.
19. Miscellaneous.
- Governing Law – This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of another jurisdiction. You agree that any legal suit, action or proceeding concerning arising out of or related to this Agreement or use of the Mobile Applications, Content and Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Assignment – We may assign our rights and delegate our duties under this Agreement to any party at any time without notice to you or any third party.
- No Implied Waiver – No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
- Severability – The provisions of this Agreement are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.
- Entire Agreement – The terms and conditions, as well as the Terms of Use Agreement, Privacy Policy and DMCA Notice displayed on the Website(s), and any other documents, instruments, agreements or information incorporated into this Agreement by reference, constitute the entire agreement and understanding between you and APDS concerning the subject matter of this Agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and APDS. To the extent that anything in or associated with the Mobile Applications, the APDS Technology Suite or its Content and Services is in conflict with or is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.