Terms and conditions
Terms and conditions
YOUR ACCEPTANCE OF TERMS
- a “Visitor,” meaning you simply browse the Class Sites, including, without limitation, through a mobile or other wireless device, or otherwise use the Class Sites without being registered, or
- a “Student,” meaning that you have registered with APWASI for a User ID and User Password (defined below), will complete the homework assignments and exams as applicable, and have enrolled in and paid for access to services, content, and/or certification provided by APWASI or its Educational Partners (defined below), or
- an “Attendee,” meaning that you have registered with APWASI for a User ID and User Password (defined below) and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
The term “User” refers to a Visitor, Student or Attendee.
USER ACCOUNTS AND USER REGISTRATION;
While any Visitor can view the Class Sites, in order to use the Class Sites and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Class Sites and your enrollment in the Online Courses.
The Class Sites are available to any User. However, access to the Online Courses is restricted to Attendees or Students that have a registered User Account. By registering, you agree that:
- you are registered for the course only once and will not set up multiple User Accounts; and
Additional requirements apply to Students. As a Student, in addition to the points above, you agree that:
- you are registering with the intent to complete online coursework, complete homework assignments, take and submit exams and other activities related to taking the class;
- if you are taking an Online Course for academic credit or certification as a student of, or otherwise through, an Educational Partner, such as accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, APWASI will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course;
- if you are not taking an Online Course for academic credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of APWASI, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner;
- you acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution; and you will abide by the Student Conduct Policy listed below.
Online Courses you for certification from the APWASI site are eligible for refund under terms specified in the section entitled “Payment Terms” below. If a refund is issued, you’ll no longer receive certification and associated services for the course.
IF YOU DO NOT QUALIFY, YOU MAY NOT ATTEND THE ONLINE COURSES.
APWASI may make certain Online Courses available to Students and Attendees in partnership with or on behalf of its Educational Partners, Your access to such Online Courses may be provided to you through your single User Account. You acknowledge and agree that any Online Course affiliated with an Educational Partner may be subject to terms, policies and procedures of the applicable Educational Partner in addition to the terms, policies and procedures of APWASI. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking an Online Course for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Online Course, your participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not only APWASI.
APWASI and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of APWASI and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of APWASI. By attending the Online Courses, Students acknowledge that APWASI and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as APWASI and the instructors deem appropriate
USER CONDUCT POLICY
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution. Additionally, unless the following conflicts with such a policy or honor code, any User of the Online Courses agrees that he or she:
- will not harass other Students, Attendees or Visitors;
- will not cheat on any homework assignment or exams for the Online Courses;
- will not post online any Secured Testing Materials (as defined below);
- will not share solutions to homework assignments or exams; and
In addition, you may not post, upload, or transmit to or otherwise make available through the Class Sites or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Class Sites (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Class Sites; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
APWASI INTELLECTUAL PROPERTY RIGHTS
All content or other material available on the Class Sites or through the Online Courses, including but not limited to on-line lessons, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of APWASIor they have the public right to use this material and or have obtained the right to use such information and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Canadian and foreign law.
APWASI logos, trademarks and service marks which may appear on the Class Sites (“Marks”), are the property of APWASI and are protected under Canadian and foreign laws. All other trademarks, service marks and logos used on the Class Sites, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Class Sites are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of APWASI.
LICENSE TO USE THE CLASS SITES AND ONLINE COURSES
Where applicable, the Online Courses may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Class Sites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). APWASI does not claim ownership of any User Content you may submit or make available for inclusion on the Class Sites or Online Courses. Accordingly, subject to the license granted to APWASI below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit to APWASI (including for inclusion on the Class Sites or Online Courses) or that is otherwise made available to APWASI, you hereby grant APWASI an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Class Sites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to APWASI above shall be exclusive. APWASI reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit APWASI to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and APWASI, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canadian or the country in which you reside.
USE OF PROVIDED COMMUNICATION METHODS AND RELATES SERVICES
To purchase any services or products offered by APWASI through the Class Sites, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to APWASI, or its third-party payment provider, storing your payment information. You also agree to pay for the products you purchase through the APWASI Class Sites as they become due.
APWASI is committed to customer satisfaction. It is our policy to enable all users to communicate any issues they may have to the Company. We will respond to all customer issues within 10 business days from receipt.
If you have any issues or complaints we welcome your feedback and input. Please email your complaints or thoughts to firstname.lastname@example.org.
APWASI offers Users a thirty (2)-day, no-questions-asked money back guarantee on all products so long as no course assessment, ie any singular quiz been taken and has been assessed with a grade given. If you, as a User, are unhappy with a APWASI Course, have not accessed any course assessment, and request a refund within two (2) days of the date that you paid the one-time fee to the Course (“Course Fee”), we will provide you with a full refund of the amount you paid. To request a refund send an email to email@example.com.
It is never possible to request a refund by telephone.
APWASI collects Personal Information when you choose to submit it through e-mail, an online form, or other method. We also collect information through cookies (see “APWASI Use of ‘Cookies’ section below for detail).
APWASI also maintains a log of certain information concerning visitors to our websites, including but not limited to, internet protocol (“IP”) address (a computer’s numerical Internet address), third party websites from which visitors access our website, type of web browsers used, and pages viewed. Such information may be treated as Personal Information.
THE APWASI SERVICE
The Service is an internet-based, hosted platform designed to deliver online education to individuals, companies, and organizations who subscribe to the service.
We may provide your information to trusted partners who work on behalf of, or with, APWASI under confidentiality agreements to help APWASI provide the Service. They may also assist APWASI in communicating with you about the Service and about offers from APWASI and our partners, where you have given us appropriate permissions.
INFORMATION ABOUT YOU THAT YOU GIVE US
When registering for or using the Service, you may be prompted to give us information about yourself such as your name and email address. When you configure your account settings, you may enter additional information about yourself. You may also select user configuration settings that determine how the Service looks and functions. You may, at times, also send us an e-mail which may contain not only your e-mail address, but other information about you, including home or business addresses, telephone numbers, or account details. The information you give us may also include statements you make on the Service such as testimonials, services reviews, or other statements that may identify you personally.
We will provide you with a user ID (an e-mail address) and account activation e-mail for you to access the Service and create a user “profile” for use as described below. When you first sign onto the Service, you will be presented with your profile, which contains the information supplied to us. You will be able to update or correct any of the contact information in your profile. You may receive certain e-mails relating to your use of the Service. Your contact information is also added to APWASI’s directory of current and former users of the Service.
We may use your Personal Information to contact you regarding your use of the Service, for customer support purposes, and to inform you of updates, modifications and other matters relating to the Service, and information about others services that we offer in accordance with your subscription preferences. You may decline to receive mail or e-mail from us that does not relate directly to your access to or use of the Service by selecting the opt-out link contained in any such e-mail or by contacting us at it@APWASI.com.
APWASI also will maintain a history of your access to the Service, and certain actions taken by you while accessing the Service, a log of users’ IP addresses, the third-party Website from which users access the Service, the type of web browsers used to access the Service and the browser’s settings that may affect Service performance (collectively, “Usage Log Information”). For purposes of maintaining and enhancing Service performance and security, APWASI may use Usage Log Information, information about your browser, and other local computer settings. We also may use Usage Log Information to tailor our communications to you about the Service, and contact you in relation to providing support. We also may aggregate Usage Log Information to create or publish statistical analyses and reports about Service usage. We will not authorize the publication of Personal Information about any user without the prior written consent of such person.
Information about You Received from Mobile Application
When you download and use the Service via our mobile application, we automatically collect information on the type of device you use, operating system version, user identification, and device identifier.
We may send you push notifications. You may turn off push notifications at the device level.
ADDITIONAL USES OF SERVICE INFORMATION
In addition to the uses described above of the information received in connection with your use of the Service, APWASI uses and, where specified, shares your information:
To provide support or other services that you have requested, and to respond to your inquiries.
To engage in transactions with you, including contacting you about your account or transactions.
To process transactions, APWASI may use financial, credit card and payment information that you provide. APWASI may need to share some of this information with suppliers, delivery services, credit card clearing houses and other third parties to complete the transactions.
To notify you of relevant opportunities such as new product releases and service developments, related facts or programming that may be relevant to you.
To provide online forums and social networks. The Service allows users the option to participate in interactive discussions and post comments and other content. Note that any information you share may become publicly accessible.
To improve quality and facilitate use of the Service.
To comply with legal requirements. In addition, we may also disclose information about you as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is reasonably necessary to enforce our rights or protect our operations or users or others investigate fraud, or in response to legal processes or governmental investigations in accordance with our internal policy on access by governmental authorities, or under exigent circumstances in response to a perceived significant threat to a person’s health or property.
The device you use to access the Website or Service may provide your location to us. This information may be shared where location is relevant to completion of the coursework.
We protect the security of your information during transmission by using Transport Layer Security (TLS) and Secure Sockets Layer (SSL) software or other encryption technology, which encrypts information you input. Wherever appropriate, we obfuscate and/or encrypt information in our systems and/or during information transfer. APWASI regularly reviews the cryptographic protocols it uses to protect the privacy and security of your Personal Information.
Because of the nature of internet and for other reasons, we cannot guarantee the security of your Personal Information, so you should take precautions to protect it when you are on the internet, such as changing passwords often, using a combination of letters and numbers when creating passwords, using a secure browser and being sure to log off the Service when finished using a shared computer.
INFORMATION COLLECTED BY ELECTRONIC COMMUNICATIONS PROTOCOLS AND WEB BEACONS
We may collect information about you and your use of the Service through electronic communications protocols, web beacons, cookies, embedded URLs, pixel tags and related devices or technologies.
As is true when you visit most websites, certain information is automatically generated and stored about your visits. Such information may include: network routing information (for example, where you came from); equipment information (for example, device type, operating system, browser type); IP address, and dates and times of your visits.
We may use your Personal Information to inform you about other APWASI services that might interest you and to gather feedback from you.
APWASI USE OF “COOKIES”
WE USE THE FOLLOWING COOKIES:
Strictly necessary cookies required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website.
Analytical/performance cookies that collect information about how you use our Website. They allow us to recognize and count the number of visitors and to see how visitors move around our Website. This helps us to improve the way our Website work. These cookies are sometimes placed by third party providers of web traffic analysis services, such as Google Analytics.
Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our Website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other Website that you visit and this information is shared with third-party organizations, for example advertisers.
We use Google Analytics. For information on how Google processes and collects your information regarding this product and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.
APWASI and its service providers, vendors and partners, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.
YOUR EUROPEAN DATA PROTECTION RIGHTS
If you reside in the European Economic Area (“EEA”), subject to certain exceptions, you have a right to:
Learn whether we are processing your Personal Information and, if so, to gain access to it and certain information about it.
Have inaccurate Personal Information corrected or removed, and have incomplete Personal Information completed.
Have your Personal Information erased when:
It is no longer necessary for the purposes collected;
You withdraw consent to process it;
We have processed it unlawfully; or
EU or Member State law to which we are subject requires erasure.
Restrict our processing of your Personal Information when:
You contest its accuracy (for a period necessary to verify it);
The processing is unlawful and you prefer restriction of use to erasure; or
We no longer need the data, but you need it in connection with legal claims.
Obtain in usable form the Personal Information you gave us and, if technically feasible, require its transmittal directly to another controller that you designate.
Lodge a complaint with a Member State data protection supervisory authority.
If you reside in the EEA, APWASI will process your Personal Information in accordance with all applicable data protection legislation.
Do not send us any sensitive Personal Information (e.g., social security numbers or other national identifiers, or information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life or sexual orientation, genetic or biometric information, criminal background, or trade union membership).
ACCESS, RETENTION AND DELETION
Upon request APWASI will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging into your account or contacting us at it@APWASI.com. We will respond to your request within a reasonable timeframe.
VIEWING OF DATA FOR SUPPORT
For the purpose of providing the Service and associated support including answering any questions you may have, APWASI may view and process your Personal Information from nations outside the EEA that are deemed by the EU to have non-adequate data protection laws, including the Canadian.
USE BY MINORS & COPPA COMPLIANCE
The free version of the Service is intended for use by adults only. APWASI does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of eighteenexcept for pursuant to the COPPA-Compliant solution described below. If you believe that a person under the age of eighteen has disclosed Personally Identifiable information through the Service, other than through the COPPA-Compliant solution, please report this to us immediately by e-mailing us at: info@APWASI.com with “Notice of Underage Person” in the subject line.
You will be notified via email or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. You have the right to request that your Personal Information be removed from our records at any time.
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that APWASI’ services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that APWASI, at its sole discretion, may limit, suspend, or terminate your use of all APWASI-provided services related to APWASI’ programs, such as access to APWASI courses, evaluation services, or certifications. You also understand that APWASI may modify or discontinue all services related to its programs at its sole discretion.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that your use of the Class Sites, the Online Courses and all Content and services available on the Class Sites is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS”, “WITH ALL FAULTS” , AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.
APWASI AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS ONLINE SERVICE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS ONLINE SERVICE OR ANY OTHER WEBSITE LINKED TO THIS ONLINE SERVICE. THE MATERIALS OF THIS ONLINE SERVICE MAY BE OUT OF DATE, AND APWASI MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS ONLINE SERVICE. THE ONLINE SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET; YOU ACKNOWLEDGE THAT APWASI AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET. APWASI DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SERVICE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. APWASI DOES NOT WARRANT THAT THIS ONLINE SERVICE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS ONLINE SERVICE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CLASS SITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASS SITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL APWASI AND ITS LICENSORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THIS ONLINE SERVICE, ANY WEBSITES LINKED TO THIS ONLINE SERVICE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH ONLINE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHILE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK, IF APWASI SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE ONLINE SERVICE, APWASI’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE LESSER OF $500 OR THE AMOUNT OF FEES PAID TO APWASI BY YOU OR YOUR SUBSCRIBING ORGANIZATION FOR THE APPLICABLE PORTION OF THE ONLINE SERVICE IN THE PRECEDING SIX (6) MONTHS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, APWASI AND ITS LICENSORS WOULD NOT PROVIDE THE ONLINE SERVICE OR THE MATERIALS ACCESSIBLE HEREIN.
LINKING TO OTHER SITES
The Class Sites may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. APWASI does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Class Sites at any time for any reason or for no reason.
APWASI WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
You agree to defend, indemnify and hold harmless APWASI, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) Your use of the Online Service; (ii) Your violation of this Agreement; (iii) incomplete or inaccurate information or data provided by You; (iv) unauthorized use of any content or materials available on or through the Online Service; or (v) any content You upload or post to the Online Service. Notwithstanding the foregoing, You are not required to indemnify APWASI against claims that the Online Service, when used for the Authorized Use, infringe upon the intellectual property rights of any third party. APWASI reserves the right, at its discretion, to assume or participate, at Your and Your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without APWASI’ prior written consent unless such settlement includes a complete release of APWASI from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, APWASI.
TERMINATION OF RIGHTS
DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT
APWASI respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide APWASI’ Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
APWASI Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
firstname.lastname@example.org heading Copyright
The section titles herein are displayed for convenience only and have no legal effect.