Terms of Use & Privacy

Before using this Web site, please read the Terms of Use set forth below. By using this Web site you agree to be bound by the Terms of Use. APSxchange.org and its affiliates and subsidiaries reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Web site.

1. No Representations Or Warranties

The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,

To the extent permitted by law, the services and information on this web site are provided "as is," and without warranty, and all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby disclaimed, and you hereby waive all such warranties.

2. Privacy Policy

The information that APSxchange.org obtains through your use of our sites, including cookies, ip addresses, user names and passwords, will only be used for APSxchange.org security verification purposes. No third party will have access to your information.

3. User Conduct

We make certain services available, including without limitation, information services, e-mail accounts, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

Violate any applicable law, regulation or rule;
Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
Provide false information on your registration form or impersonate another person at any point;
Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
Share resulting financial information with anyone outside of APSxchange.org.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mails, communications, postings, data or information as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

4. Web Site Links And Third-Party Sites

APSxchange.org websites may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein. Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

5. Confidentiality

We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

6. Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

7. Limitation of Damages

In no event will we, our officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, consequential, incidental, special or other indirect (including without limitation, cost of cover) arising out of or in connection with this agreement or any services, content or other materials provided or available hereunder, or use of any other links or linked web site, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arose in contract, tort (including negligence), strict liability or other legal basis. The term "damages" includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system. You acknowledge that the economic terms of our agreement reflect the foregoing allocation of risk and such allocation of risk is a significant inducement for us to provide the services, web site and other content and materials.

8. Ownership

All contents of this website are Copyright � 2007 APSxchange.org. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying APSxchange.org products or services are proprietary marks belonging to APSxchange.org. Any use of the copyrighted contents or the trademarks belonging to APSxchange.org without the express written permission of APSxchange.org is strictly prohibited.

9. License

Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

10. Indemnification

You agree to hold harmless, defend and indemnify us, our officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including reasonable attorneys' fees, that are due to, or that arise from your use or misuse of this site, any services therein, or for infringement by you or others of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

11. Governing Laws in Case of Dispute

These terms of use shall be governed by and construed in accordance with the laws of the state of Kansas, USA, as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objection to personal jurisdiction and venue in the state and federal courts located in Kansas, USA, and you shall not commence or prosecute any suit or action except in the foregoing courts.

12. Integration; Severability; General

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.