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The International Freezone Association operating as

The Association of Professional Independent Scientologists

Preserve, Protect & Promote

The Association of Professional Independent Scientologists is a non-profit association
dedicated to the promotion and practice of the original philosophy of Lafayette Ron Hubbard.

The New Renaissance of Beingness!


This site is operated by independent scientologists and is neither endorsed by, nor associated or affiliated with the corporate company
known as the Church of Spiritual Technology or its companies and churches such as the Religious Technology Centre,
Church of Scientology International, or any of its affiliates, corporations, management organisations and groups.

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  • The Association of Professional Independent Scientologists

    TERMS & CONDITIONS OF USE

    Hello, and welcome to the Association of Professional Independent Scientologists, hereinafter referred to as APIS, Terms and Conditions of Use ("Terms"). The Terms you see below are important because they:

    Outline your legal rights on APIS
    Explain the rights you give to us when you use APIS
    Describe the rules everyone needs to follow when using APIS
    Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

    Please read these Terms, our Privacy Policy {link} and any other terms referenced in this document carefully. Introduction.

    THIS SITE IS THE INDEPENDENT REFORMED CHURCH OF SCIENTOLOGY AND IS HEREIN AFTER REFERRED TO AS THE APIS.
    THIS SITE IS PROVIDED BY APIS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    APIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
    YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. APIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    APIS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM APIS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    APIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
    THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH APIS WILL PROVIDE ITS ENTIRE SERVICES.
    THIS AGREEMENT DESCRIBES USER'S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES.
    USER SHOULD READ IT CAREFULLY AND BE SURE USER UNDERSTANDS THESE TERMS AND CONDITIONS.
    USE OF THIS WEB SITE AND OR ANY APIS WEBSITE, PRODUCT OR SERVICE MEANS USER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
    THE PARTIES TO THIS AGREEMENT ARE APIS AND THE USER.

    APIS its successors and assigns, officers, members, associates and affiliates retain the right to the practice of their chosen philosophy and religion including the rituals and practices associated thereby.

    The APIS is an independently operated not for profit religious corporation and not organised for the private gain for any person. It is organized under the Non-profit Religious Corporate Law exclusively for religious purposes and is neither endorsed by nor affiliated with the Church of Scientology, its affiliates, corporations, management organizations, groups, CST or the RTC. The specific purpose of our church is to disseminate and propagate the religion of Scientology based exclusively on the unaltered scriptures of L.Ron Hubbard and not on any revised, expanded, edited, changed, improved or otherwise altered versions of the works of L.Ron Hubbard.

    By its use you are entering into a binding contract with the Reformed Independent Church of Scientology herein known as APIS.

    Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the "Agreements"). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court.

    In order to use the APIS Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to APIS is true, accurate, and complete, and you agree to keep it that way at all times.

    Changes to the Agreements

    Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

    Enjoying APIS

    Here's some information about all the ways you can enjoy APIS.

    Service Options

    You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a APIS account. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the APIS Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

    All Services may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription or if your subscription is interrupted, you may not be able to re-subscribe.

    Payments and Cancellations

    Billing

    If and when it becomes available, you may purchase a Paid Subscription directly from APIS or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the APIS Service for a specific time period ('Pre-Paid Period'). APIS may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the APIS Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

    Renewal; Cancellation

    Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to APIS or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.

    If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

    Using our service

    The APIS Service and the Content are the property of APIS or APIS's licensors. We grant you limited, non-exclusive, revocable permission to make use of the APIS Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or APIS. You promise and agree that you are using the APIS Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the APIS Service or the Content.

    Any APIS software applications and the Content are not sold or transferred to you, and APIS and its licensors retain ownership of all copies of all APIS software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").

    All APIS trademarks, service marks, trade names, logos, domain names, and any other features of the APIS brand ("APIS Brand Features") are the sole property of APIS or its licensors. The Agreements do not grant you any rights to use any APIS Brand Features whether for commercial or non-commercial use without express permission from the APIS administrators.

    All copyrights and trademarks relating to content belong to their respective owners.

    You agree to abide by our User guidelines and not to use the APIS Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, APIS grants no right, title, or interest to you in the APIS Service or Content.

    Third party software (for example, open source software libraries) included in the APIS Service are made available to you under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

    This Site is controlled, operated and administered by APIS from its offices within the USA. APIS makes no representation that materials at this site are appropriate or available for use at other locations outside of the USA and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of USA export laws and regulations. If you access this Site from a location outside of the USA, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the USA without giving effect to its conflict of law provisions.

    All links to the APIS Site must be approved in writing by APIS, except that APIS consents to links in which: (i) the link is a text-only link containing only the name " APIS "; (ii) the link "points" only to https://independent-scientologists-association.net and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored APIS nor be such as to damage or dilute the goodwill associated with the name and trademarks of APIS or its Affiliates. APIS reserves the right to revoke this consent to link at any time in its sole discretion.

    IN NO EVENT SHALL APIS OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AND WHEN APIS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Assignment. The provisions of this Agreement shall be continuous and shall inure to the benefit of APIS, its successors and assigns, and shall be binding upon user and/or the estate, personal representatives, administrators and successors of user. APIS may assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not delegate any obligations hereunder without the prior written consent of all of the duly authorized officers of the APIS and any attempt at such delegation without such consent shall be null and void.

    Jurisdiction. This agreement is governed by the laws of Delaware, USA as such laws are applied to agreements entered into and to be performed entirely within Delaware, USA by Delaware, USA residents.

    APIS will not be held responsible or liable for the consequences of or the results of any activities performed by or on behalf of any Association and/or its officers, affiliates, nominees or representatives.

    Force Majeur. APIS will not be responsible for delays or failures in the transmission, receipt or execution of orders, remittances, payments, donations, membership fees and renewals or information due to events or systems beyond its control. The obligations of this contract precede any government enactment. APIS, it's owners, employees, agents or affiliates will not be responsible for any loss, damage or injury resulting from any event or system beyond its control.

    User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of user's actions, at the sole discretion of APIS if user attempts to use the APIS service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of the APIS website, services and/or association.

    Third Party Applications and Devices

    YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST APIS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD APIS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

    Rights you grant us

    In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the APIS Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the APIS Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including APIS's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by APIS (e.g. podcasts) may contain advertising as part of the Content. The APIS Service makes such Content available to you unmodified.

    If you provide feedback, ideas or suggestions to APIS in connection with the APIS Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize APIS to use that Feedback without restraint or restriction and without payment to you. Feedback is considered a type of User Content.

    You grant APIS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

    User guidelines

    APIS respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure APIS stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.

    The following is not permitted for any reason whatsoever:

    1. copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the APIS Service or the Content, or otherwise making any use of the APIS Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the APIS Service or the Content or any part of it;

    2. using the APIS Service to import or copy any local files that you do not have the legal right to import or copy in this way;

    3. transferring copies of cached Content from an authorized Device to any other Device via any means;

    4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the APIS Service, Content or any part thereof except to the extent permitted by applicable law;

    5. circumventing any technology used by APIS, its licensors, or any third party to protect the Content or the Service;

    6. selling, renting, sublicensing or leasing of any part of the APIS Service or the Content;

    7. circumventing any territorial restrictions applied by APIS or it licensors;

    8. artificially manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

    9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

    10. circumventing or blocking advertisements in the APIS Service, or creating or distributing tools designed to block advertisements in the APIS Service;

    11. providing your password to any other person or using any other person's username and password;

    12. "crawling" the APIS Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from APIS or the APIS Service;

    13. selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

    14. artificially promoting Content by automated means or otherwise.

    Please respect APIS, the owners of the Content, and other users of the APIS Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

    15. is offensive, abusive, defamatory, pornographic, threatening, or obscene;

    16. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of APIS or a third party;

    17. includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data; 18. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;

    19. is intended to or does harass or bully other users;

    20. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

    21. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

    22. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by APIS;

    23. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by APIS;

    24. interferes with or in any way disrupts the APIS Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or APIS's computer systems, network, usage rules, or any of APIS's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or 25. conflicts with the Agreements, as determined by APIS.

    You acknowledge and agree that posting any User Content that violates these User guidelines (or that APIS reasonably believes violates these User guidelines) may result in immediate termination or suspension of your APIS account. You also agree that APIS may reclaim your username for any reason.

    Please be thoughtful about how you use the APIS Service and what you share. The APIS Service (Flock, Facebook and LinkedIn for example) including any social media platforms, includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on APIS or across the web, so please use APIS carefully and be mindful of your account settings. APIS has no responsibility for your choices to post material on the Service.

    Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

    Infringement and reporting User Content

    APIS respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights and if APIS is notified by a copyright holder, via email with time place form and event of an alleged Content infringes a copyright, APIS may in its sole discretion remove such Content from the Service, or take other steps that APIS deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to APIS with a request to restore the removed content, which APIS may or may not honor, in APIS's sole discretion.

    If you believe that any Content does not comply with the User guidelines, please advise us in writing or through email.

    Service limitations and modifications

    APIS will make reasonable efforts to keep any and all current and future APIS Services operational. However, certain technical difficulties, maintenance or testing, or updates required reflecting changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. APIS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the APIS Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the APIS Service or any function or feature thereof.

    After any and all such discontinuation. You understand, agree, and accept that APIS will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. APIS and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

    APIS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

    Customer support

    For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Contact Us section of the website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

    Export control

    APIS's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

    You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from APIS under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

    Term and termination

    The Agreements will continue to apply to you until terminated by either you or APIS. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. APIS may terminate the Agreements or suspend your access to the APIS Service at any time, including in the event of your actual or suspected unauthorized use of the APIS Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or APIS terminate the Agreements, or if APIS suspends your access to the APIS Service, you agree that APIS shall have no liability or responsibility to you, and APIS will not refund any amounts that you may have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your APIS account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

    All sections contained within this Terms of Use, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

    Warranty disclaimer

    YOU UNDERSTAND AND AGREE THAT THE APIS SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. APIS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER APIS NOR ANY OWNER OF CONTENT WARRANTS THAT THE APIS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, APIS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE APIS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND APIS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM APIS SHALL CREATE ANY WARRANTY ON BEHALF OF APIS. WHILE USING THE APIS SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

    Limitation and time for filing

    YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APIS SERVICE IS TO UNINSTALL ANY APIS SOFTWARE AND TO STOP USING THE APIS SERVICE. YOU AGREE THAT APIS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE APIS SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO APIS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

    IN NO EVENT WILL APIS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APIS SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER APIS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APIS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO APIS DURING THE PRIOR TWELVE MONTHS IN QUESTION.

    Nothing in the Agreements removes or limits APIS's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

    YOU AGREE THAT ANY CLAIM AGAINST APIS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

    THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    Third party rights

    You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and APIS, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. Entire Agreement

    Other than as stated in this section or as explicitly agreed upon in writing between you and APIS, the Agreements constitute all the terms and conditions agreed upon between you and APIS and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. This Agreement constitutes the entire and whole agreement between User and APIS and is intended as a complete and exclusive statement of the terms of the Agreement. This Agreement shall supersede all other communications between the parties.

    Severability, waiver and interpretation

    In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions. Any failure by APIS or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive APIS's or the applicable third party beneficiary's right to do so.

    As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

    Assignment

    APIS may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and APIS may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

    Indemnification

    You agree to indemnify and hold APIS harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the APIS Service; and (4) your violation of any law or the rights of a third party.

    Choice of law, mandatory arbitration, and venue

    Governing Law / Jurisdiction

    The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles. Further, you and APIS agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section Dispute resolution and arbitratio as set out below.

    . ARBITRATION AGREEMENT

    This Arbitration Agreement applies only to users in the United States.

    Dispute resolution and arbitration

    You and APIS agree that any dispute, claim, or controversy between you and APIS arising in connection with or relating in any way to these Agreements or to your relationship with APIS as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and APIS further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

    Exceptions

    Notwithstanding the clause above, you and APIS both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

    No Class Or Representative Proceedings: Class Action Waiver

    YOU AND APIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and APIS agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

    Arbitration rules

    Either you or we may start arbitration proceedings. Any arbitration between you and APIS will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and APIS agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at https://www.adr.org/Rules, or you may call the AAA at 1-800-778-7879. APIS can also help put you in touch with the AAA.

    Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

    If you choose to file arbitration proceedings and you are required to pay a filing fee, APIS will reimburse you at their discretion for that filing fee, unless your claim is for greater than US $10,000, in which case you will be wholly responsible for the filing fee. APIS will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

    Notice; Process

    A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or APIS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or APIS shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of APIS's last written settlement offer, then APIS will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

    Enforceability

    If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements. Jurisdiction. This agreement is governed by the laws of Delaware, USA as such laws are applied to Arbitration and agreements entered into and to be performed entirely within Delaware, USA by Delaware, USA residents.

    APIS will not be held responsible or liable for the consequences of or the results of any activities performed by or on behalf of any Association and/or its officers, affiliates, nominees or representatives.

    Contact us

    If you have any questions concerning the APIS Service or the Agreements, please contact APIS Customer Service by visiting the About Us section of our website.

    Entire Agreement. This Agreement constitutes the entire and whole agreement between User and APIS and is intended as a complete and exclusive statement of the terms of the Agreement. This Agreement shall supersede all other communications between the parties.

    ~oo00oo~

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