Terms of Service
WEBSITE USER AGREEMENT FOR THE APSOLUTE RECAP, LLC
Effective July 23, 2020
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE APSOLUTE RECAP WEBSITE, HENCEFORTH REFERRED TO AS “THE SITE”.
BY ACCESSING, USING THE SITE, PURCHASING PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS ( “TERMS) SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. THE APSOLUTE RECAP LLC ( “THE APSOLUTE RECAP”, “US”, “WE”, OR “OUR” AS THE CONTEXT MAY REQUIRE) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. THIS AGREEMENT SHALL ALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE USA AND PENNSYLVANIA.
THESE TERMS APPLY TO THE PURCHASE AND USE OF PRODUCTS AND SERVICES THROUGH THE SITE AND ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, AT OUR SOLE DISCRETION. THE LATEST VERSION OF THESE TERMS WILL BE POSTED ON THIS SITE, AND YOU SHOULD REVIEW THESE Terms BEFORE PURCHASING ANY PRODUCT OR SERVICES THAT ARE AVAILABLE THROUGH THIS SITE. YOUR CONTINUED USE OF THIS SITE AFTER A POSTED CHANGE IN THESE TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.
LIMITATION OF LIABILITY
THE APSOLUTE RECAP, LLC WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS OR SERVICES, EVEN IF THE APSOLUTE RECAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. THE APSOLUTE RECAP, LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE APSOLUTE RECAP, LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. THE APSOLUTE RECAP’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OUR PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APSOLUTE RECAP’S PRODUCT OR SERVICE.
1. Copyright
Domestic and International copyright and trademark laws protect the entire contents of the SITE. All products and services, including but not limited to transcripts, study guides, virtual classroom data, videos, copyrights, trademark rights and other intellectual property rights are the exclusive property of the APsolute RecAP, LLC. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE UNLESS OTHERWISE NOTED ON THE SITE. You may print and download portions of material from the different areas of the SITE solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
Educator Fair Use
Educators may use products with their own students only for the purpose of serving the needs of specified educational programs. Educators agree that only those portions of the products relevant to the educational objectives of the course should be used in the classroom, either virtual or physical. All products used in the classroom must include a citation to the original source of publication and a form of a copyright notice.
2. Trademarks
The APsolute RecAP, LLC and/or any other names belonging to The APsolute RecAP, LLC, or web SITE, publications, products, content or services referenced herein or on the SITE are the exclusive trademarks or service marks of The APsolute RecAP, LLC, including the “look” and “feel” of the SITE, color combinations, layout, and all other graphical elements. Any use of The APsolute RecAP, LLC trademarks is strictly prohibited without the express written permission from The APsolute RecAP, LLC. Other product and company names mentioned in the SITE may be the trademarks of their respective owners.
3. Use of the SITE
You understand that, except for information, products or services clearly identified as being supplied by The APsolute RecAP, LLC, The APsolute RecAP, LLC does not operate, control or endorse any information, products or services of any of the businesses listed on The APsolute RecAP, LLC. You also understand that The APsolute RecAP, LLC cannot and does not guarantee or warrant that files available for downloading through the SITE will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the SITE for the reconstruction of any lost data.
In connection with your use of the SITE or authorized third-third party platform, you agree you will not:
Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity of The APsolute RecAP, LLC and The APsolute RecAP, LLC;
Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post or transmit any Material that contains a virus or corrupted data;
Use the SITE’s communication features, or other Third Party communication feature authorized by the SITE, in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any information such as opinions or notices, commercial or otherwise;
Violate any applicable local, municipal, provincial, national or international law;
Upload, transmit, embed or post a link to any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
4. Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware and software and any other equipment needed for access to and use of the SITE and all charges related thereto.
5. Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless The APsolute RecAP, LLC, its members, owners, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the SITE from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the SITE.
The APsolute RecAP, LLC reserves the right to release current or past member or Web SITE user information if The APsolute RecAP, LLC believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if The APsolute RecAP, LLC deems it necessary and/or appropriate.
6. Third Party Rights
The provisions of paragraphs 3 (Use of the SITE), and 5 (Indemnification) are for the benefit of The APsolute RecAP, LLC and its members, owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the SITE. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Termination
Either party without notice may Terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright), 3 (Use of the SITE), 5 (Indemnification), and 6 (Third Party Rights) shall survive any Termination of this Agreement.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the USA or the country in which you reside.
9. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the SITE, regarding the payment and delivery of related products or services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that The APsolute RecAP, LLC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
10. Links
The SITE may provide, or third parties may provide, links to non-affiliated sites or resources. Because The APsolute RecAP, LLC has no control over such sites and resources, you acknowledge and agree that The APsolute RecAP, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The APsolute RecAP, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. Governing Law and Arbitration
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. You and The APsolute RecAp are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy between you and us arising from or relating in any way to your purchase of products or services through the SITE, will be resolved exclusively and finally by binding arbitration.
12. Security
This SITE relies on the security provided by our host and the author(s) of the software we use to protect against the loss, misuse or alteration of the information under our control. We also take any steps we can if we are made aware of any security holes to get them fixed but we cannot guarantee complete security.
13. Use by Minors Prohibited
The APsolute RecAP, LLC is not intended for and should not be used by anyone under the age of 18. The APsolute RecAP, LLC complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or use by anyone under the age of 13.
14. Clients
Clients who have registered in order to purchase our products or services can change or update their account information and preferences by visiting your account page. By registering for an account, you agree to receive communication from The APsolute RecAP, LLC containing news, updates and promotions regarding products or services. You can withdraw your consent by unsubscribing at any time.
15. Payment and Pricing
You agree to make acceptable payment in full, including taxes and fees, to The APsolute RecAP, LLC. for your purchases of products and services. All prices, products, and schedules are subject to change without notice.
16. Return Policy
All fees for digital products and services, with the exception of virtual tutoring, are nonrefundable. In the event that virtual tutoring cannot be scheduled due to capacity limits or teacher conflict, a refund will be offered. You may not cancel any other payments or purchases, except as required by law.
17. Contacting Us
If you have any questions about this Terms of Service Statement, the practices of The APsolute RecAP, LLC, or your dealings with this SITE, you can contact us using the contact form.