This Terms of Service Agreement (“Agreement”) is entered into by and between Apex Accelerator Coach, on all platforms (“Website”) by any user or visitor (“You” or “Your”) of the Website (Owner and You collectively “Parties” and each a “Party”).
Apex Accelerator Coach operates the website located at www.apexacceleratorcoach.com on all platforms (“Website”), which provides an online training course for e-commerce sales. You wish to use the Website to help with Your e-commerce business. Your access to and use of the Website is conditioned upon Your acceptance of and compliance with this Agreement.
This Agreement applies to all visitors, users and others who access or use the Website.
A. Agreement. This Agreement constitutes a valid and binding agreement between Apex Accelerator Coach and You, as a user or visitor of the Website. You hereby agree and acknowledge this Agreement covers all of Your use of the Website, whether it be from this immediate use or from any other time when You access and use the Website. By accessing or using the Website You agree to be bound by This Agreement. If You disagree with any part of this Agreement, then You may not access the Website.
B. Not Minor. You affirm that You are either 18 years of age or older, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
C. United States. The Website is controlled and offered by Apex Accelerator Coach from its facilities in the United States of America. Apex Accelerator Coach makes no representations that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
D. Agency. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You and Apex Accelerator Coach are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Apex Accelerator Coach hereby grants You a revocable, non-transferable, and non-exclusive license to access and use the Website subject to the terms and conditions set forth in this Agreement. Apex Accelerator Coach will use commercially reasonable efforts to provide you with uninterrupted access to the Website during the Term of this Agreement.
4. YOUR USE OF THE WEBSITE.
The content on the Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Apex Accelerator Coach, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Apex Accelerator Coach reserves all rights not expressly granted in and to the
Website and the Content.
B. User Submissions.
1. Defined. The Website may allow You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (collectively,
2. Obligations & Restrictions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Apex Accelerator Coach is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Apex Accelerator Coach with respect thereto, and agree to indemnify and hold Apex Accelerator Coach, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You are responsible for User Submissions that You post, upload, link or otherwise make available via the Website. You agree that Apex Accelerator Coach is only acting as a passive conduit for your online distribution.
Apex Accelerator Coach, however, reserves the right to remove any User Submissions from the Website at its discretion. By transmitting and submitting any User Submissions, You agree as follows:
(i) You are solely responsible for Your account and the activity that occurs while Your account is in use;
(ii) You will not post information that is malicious, false or inaccurate;
(iii) You will not submit User Submissions that are copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have permission from the rightful owner to specifically submit such User Submissions; and
(iv) You hereby affirm that Apex Accelerator Coach has the right to determine whether any of Your User Submissions are appropriate and comply with this Agreement.
All user submissions will be treated as non-confidential and non-proprietary.
You will not, and will not permit any third-party to:
(i) distribute or copy in any medium any part of the Website, including but not limited to Content and User Submissions, without Apex Accelerator Coach’s prior written authorization;
(ii) alter or modify any part of the Website, including but not limited to, Apex Accelerator Coach’s technologies;
(iii) access User Submissions or Content through any technology or means other than any as authorized by this Agreement or otherwise in writing by Apex Accelerator Coach;
(iv) use the Website for any commercial use without the prior written authorization of Apex Accelerator Coach.
Prohibited commercial uses include, but are not limited to, any of the following actions:
(a) Sale of access to the Website, Content or services via another website or medium (such as a mobile application);
(b) Use of the Website, Content or services for the purpose of gaining advertising or subscription revenue;
(c) The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Content; and
(d) Any use of the Website, Content, User Submissions or services that Apex Accelerator Coach finds, in its sole discretion, has the effect of competing with or displacing the market for the Website, Content or User Submissions;
(v) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Apex Accelerator Coach servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Apex Accelerator Coach grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Apex Accelerator Coach reserves the right to revoke these exceptions either generally or in specific cases;
(vi) collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes;
(vii) solicit, for commercial purposes, any users of the Website with respect to their User Submissions;
(viii) impersonate any person or organization related to this Agreement;
(ix) harass any other user of the Website; (x) circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein; and
(xi) violate any laws.
D. Third-Party Sites.
The Website may contain links to third-party websites that are not owned or controlled by Apex Accelerator Coach. Apex Accelerator Coach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Apex Accelerator Coach will not and cannot censor or edit the content of any third-party site.
BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE ALISONJPRINCE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
5. INTELLECTUAL PROPERTY.
You acknowledge that:
(i) Apex Accelerator Coach’s business is conducted throughout the world;
(ii) the covenants contained herein are essential elements of this Agreement and that, but for such covenants, Apex Accelerator Coach would not have entered into this Agreement with You;
(iii) the Website will give You access to Apex Accelerator Coach’s Confidential Information;
(iv) Apex Accelerator Coach has developed a long standing relationship with its clientele and that the breach of any of the restrictions and covenants set forth herein would cause substantial loss to the goodwill of Apex Accelerator Coach and cause Apex Accelerator Coach irreparable harm;
(v) the restrictions imposed on You herein and the purposes for such restrictions are reasonable in time, scope and duration and are designed to protect the goodwill, Confidential Information, the continued success of Apex Accelerator Coach, and Apex Accelerator Coach’s relationships with its clients; and
(vi) the restrictions imposed on You herein in no way are harmful to the public.
B. Confidential Information.
Apex Accelerator Coach’s Confidential Information includes any proprietary, confidential, or secret knowledge, data, or matters, whether transmitted in writing, orally, visually, or otherwise, used in, associated with, or related to Apex Accelerator Coach, the current or anticipated business of Apex Accelerator Coach, the research, development, design, and marketing activities of Apex Accelerator Coach, and those of any party granting rights to Apex Accelerator Coach or that has been identified to You, either orally or in writing, together with analyses or documents that contain or otherwise reflect such matters, including know-how, technology, financial information, trade secrets, client lists, client names or identities, details of vendor, licensor, client or consultant contracts, pricing policies, operational methods, marketing plans or strategies, product development techniques or plans, business acquisition plans, new personnel acquisition plans, methods of manufacture, drawings, specifications, personnel data, processes, formulas, designs and design projects, computer programs, inventions and research projects of Apex Accelerator Coach or any other entity that may hereafter become an affiliate thereof, unless otherwise in the public domain other than as a result of disclosure by You. (“Confidential Information”).
2. Acknowledgement of Confidential Information.
You acknowledge that Apex Accelerator Coach has a legitimate and continuing proprietary interest in the protection of its Confidential Information, and that Apex Accelerator Coach has invested substantial sums, and Apex Accelerator Coach will continue to invest substantial sums, to develop, maintain, and protect its Confidential Information. You hereby acknowledge that Apex Accelerator Coach and its affiliates have developed and will continue to develop Confidential Information which has and will continue to have value to it, and that by reason of his/her relationship with Apex Accelerator Coach, You may acquire such Confidential Information. All Confidential Information shall be the property of Apex Accelerator Coach.
3. Covenant Not to Use or Disclose Confidential Information.
You agree not to use or disclose to any third party, directly or indirectly, for any reason or in any way, other than at the express written direction of Apex Accelerator Coach or as required by law, any Confidential Information.
C. Copyright Infringement.
If You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. v’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in San Juan, Puerto Rico and a statement that You will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Apex Accelerator Coach may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Apex Accelerator Coach’s sole discretion.
3. Repeat Infringers.
Apex Accelerator Coach will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
6. TERM & TERMINATION.
A. Term. The Term of this Agreement shall commence on the date you enter into this Agreement (“Effective Date”) and shall end upon termination as described below.
B. Termination. You may terminate Your use of the Website at any time. Apex Accelerator Coach may terminate this Agreement, or suspend or terminate your access to the Website, at any time, for any reason. If Apex Accelerator Coach suspects that you have violated any provision of this Agreement, Apex Accelerator Coach may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement or if You terminate Your use of the Website. You remain solely liable for all obligations related to use of the Website, even after you have stopped using the Website.
7. WARRANTY DISCLAIMER.
YOU AGREE THAT YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ALISONJPRINCE, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALISONJPRINCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALISONJPRINCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALISONJPRINCE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ALISONJPRINCE, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION.
Founder of Apex Accelerator Coach and Eagle Nation