TERMS AND CONDITIONS OF USE
APA Aviation Staffing, LLC (“APA Services”) owns and operates one or more web applications, websites and other online programs as well as APA Services’s online interface made available by APA Services, on which you may access, post and use information made available by APA Services and its users for job listings and resume services, as well as features or functionality that APA Services may make available to you, including the curation of content and aggregation of data for incorporation and re-display and/or any analytics or metrics (together the “Services”). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using the Services. If you are accessing or using the Services in your capacity as an employee or other representative of an organization or business, such access shall be on behalf of you and such organization, and you further represent and warrant that you have the authority to bind such organization, as applicable, to these Terms and Conditions. The terms “APA Services”, “we”, “us” and “our” refer to APA Services, and its related or affiliated companies.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE CREATING ANY APA SERVICES USER ACCOUNTS OR UTILIZING ANY APA SERVICES WEBSITES, MOBILE/TABLET WEBSITES, AFFILIATE WEBSITES, OTHER ONLINE PROGRAMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM.
If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use the Services.
This Agreement applies to all users of the Services. As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, 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. In any case, you affirm that you are over the age of thirteen (13).
APA Services reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates (“Modifications”). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on the Services or by electronic or conventional mail. Your use of the Services following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified.
I. ACCOUNTS, ELIGIBILITY, AND CANCELLATION
When available, you may either access the Services as a guest or, for certain Services, set up an account on the Services (“Account”). When creating an Account, you must provide all required information including at least your full name, email and password. In addition, information applicable to your Account may be required, including password(s), resumes, job search preferences, “favorites” designations, job alert criteria, and information relating to prior jobs applied for. Only one (1) Account is permitted per user. The information provided must be accurate and complete. You may update Account information at any time by clicking on your name at the top of the site (when logged in to the Services).
You may never use another user's Account without permission. By creating an Account, you represent and warrant that the information you provide is true and that you will keep it up to date. You are solely responsible for any use or misuse of your Account and must notify APA Services immediately of any breach of security or unauthorized use of your Account. Although APA Services will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of APA Services or others due to such unauthorized use.
When your Account is closed or deleted, all licenses and other rights granted to you in these Terms and Conditions will immediately cease. APA Services reserves the right to permanently erase your Account from our systems immediately or at any time after we receive the request or to preserve a record of the Account for some time for legitimate business purposes and as required by law.
II. GRANT AND RESTRICTIONS ON USE
To use certain Services, you will need to create an Account. If you create an Account you agree you will: (i) create only one Account per email address; (ii) provide honest, accurate, current and complete information regarding yourself; (iii) keep your information updated and accurate; (iv) keep your Account password private and not share it with others; and (v) notify APA Services if you discover or suspect that your Account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any Account registered to you and you accept all risks for any unauthorized use of your Account. You are responsible for providing the equipment and services that you need to access and use the Services. APA Services does not guarantee that the Services are accessible on any particular equipment or device or with any particular software or service plan.
APA Services reserves the right, without notice and in its sole discretion at any time, to terminate your right to access and use the Services or any component of them and to block or prevent future access to and use of the Services and to delete your Account and any related information. Any obligation or liability incurred prior to our termination of your access to the Services will survive such termination.
Unless agreed to otherwise, APA Services does not claim ownership of any information, including, without limitation, all uploads, downloads, posts, comments, text, designs, graphics, drawings, photographs, advertisements, video clips, and all trademarks, service marks and trade names and the selection and arrangements thereof (collectively “Content”) that you upload or otherwise provide to the Service. Notwithstanding the above, for Content uploaded or otherwise provided that is covered by intellectual property rights, you grant APA Services a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute and perform any Content or derivatives of it, with or without your name or username. This grant ends when you delete your Content or your Account unless your Content has been shared with others, and they have not deleted it. However, you agree that APA Services is perpetually free to use any ideas, concepts or know-how that you provide to APA Services through the Services or through Content. You acknowledge and agree that APA Services is not responsible for the use of your Content by third parties who view your Content.
You represent and warrant that: (i) you own or control the Content uploaded or otherwise provided by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in this Agreement; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service. APA Services reserves the right to take down or delete any Content from the Service for any or no reason, without prior notice. APA Services shall not be liable for any losses or damages, direct or indirect, incidental or consequential, arising out of or in any manner connected with your use of the Services, uploading Content, or any violation of any intellectual property rights associated with your use of the Services or Content. You expressly assume all risk and liability for the foregoing. TO THE EXTENT PERMITTED BY LAW, APA SERVICES EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING IN CONNECTION WITH OR RELATING TO ANY CONTENT, OR ANY COMPLIANCE WITH LAWS OR REGULATIONS GOVERNING PUBLICATION, BROADCAST, OR OTHER DISTRIBUTION OF CONTENT OVER OR ACROSS THIRD PARTY NETWORKS.
III. ACCEPTABLE USE
You are prohibited from transmitting any “sensitive” personally identifiable information over the Services, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card (except to make a purchase in accordance with the Services), bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters. You are also prohibited from: (i) using the Services to send or upload harassing, abusive, or threatening messages; (ii) transmitting through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other users; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, Trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting user submissions or using the Services in such a way that damages the image or rights of APA Services, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Services or the Content in whole or in part, including, without limitation, creating any frames at any other websites pertaining to any portions of the Services.
IV. ACCESS AND ACCOUNT TERMINATION
APA Services reserves the right to deny or revoke access to the Services or any part thereof, or to otherwise terminate a user's access to its Services, at any time in its sole discretion, with or without cause and without notice to you. APA Services uses email addresses as username. However, at any time, regardless of whether your Account is being cancelled or terminated, APA Services reserves the right to retire your username or assign it to a new user, in each case at any time and without prior notice to you. APA Services may choose to exercise this right if your use of a particular username is unlawful or in violation of a third party’s trademark or other intellectual property rights, or in other situations where APA Services believes it would be appropriate to do so. You do not have any property interest in or right to use any specific username.
V. ACCESS TO SERVICES; PAYMENT
While APA Services endeavors to ensure that the Services are available at all times, APA Services will not be liable if, for any reason, the Services are unavailable at any time or for any period.
Mobile Access. If you use a mobile device to access the Services, the following additional terms and conditions (“Mobile Terms”) apply. You acknowledge and agree that: (i) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services; and (ii) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APA SERVICES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. APA SERVICES DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE OR ERROR FREE.
YOU ACKNOWLEDGE THAT YOUR USE OF SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APA SERVICES, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING OR PUBLISHING CONTENT OR MAINTAINING OR DELIVERING THE SERVICES) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF APA SERVICES EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION), ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT, IN CONNECTION WITH THE SERVICES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS, CONTENT, OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE SERVICES, ANY OTHER MATTER RELATED TO THE SERVICES AND ANY WEBSITES LINKED TO THE SERVICES, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, CONTENT, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE APA SERVICES WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM SUCH WEBSITE OR ANY OTHER WEBSITE LINKED TO SUCH WEBSITE.
VIII. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, AVAILABLE REMEDIES, GOVERNING LAW AND JURISDICTION
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
1. Dispute Resolution Generally. By using or otherwise interacting with the Services, you agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Services shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney's fees; and (iii) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
1. ARBITRATION. IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED AS SET FORTH ABOVE, THEN ANY REMAINING CONTROVERSY OR CLAIM ARISING OUT OF YOUR USE OF THE SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN A LOCATION DETERMINED BY THE ARBITRATOR AS SET FORTH HEREIN (PROVIDED THAT SUCH LOCATION IS REASONABLY CONVENIENT FOR CLAIMANT), OR AT SUCH OTHER LOCATION AS MAY BE MUTUALLY AGREED UPON BY THE PARTIES, IN ACCORDANCE WITH THE American Arbitration Association (AAA) under its Commercial Arbitration Rules THEN PREVAILING, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
THE PARTIES UNDERSTAND THAT, IN LIGHT OF THIS MANDATORY PROVISION, THEY ARE WAIVING THEIR RIGHTS TO SUE IN COURT AND HAVE THEIR DISPUTES RESOLVED BY A JUDGE OR JURY TRIAL. THE ARBITRATOR SHALL BE SELECTED PURSUANT TO THE AMERICAN ARBITRATION ASSOCIATION RULES AND PROCEDURES.
THE ARBITRATOR SHALL APPLY TEXAS LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL (OTHER THAN THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS), OR OTHERWISE CONFLICTS WITH THE RULES AND PROCEDURES ESTABLISHED BY THE AAA, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN. IF, HOWEVER, THE PORTION THAT IS DEEMED INVALID, UNENFORCEABLE OR ILLEGAL IS THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER CLAIMANT NOR APA SERVICES SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE. UPON FILING A DEMAND FOR ARBITRATION, ALL PARTIES TO SUCH ARBITRATION SHALL HAVE THE RIGHT OF DISCOVERY, WHICH DISCOVERY SHALL BE COMPLETED WITHIN SIXTY (60) DAYS AFTER THE DEMAND FOR ARBITRATION IS MADE, UNLESS FURTHER EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES.THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.DO NOT DOWNLOAD AND/OR USE THE SERVICES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
1. CLASS ACTION AND CLASS ARBITRATION WAIVER. BY USING, SETTING UP AN ACCOUNT, THROUGH OR OTHERWISE INTERACTING WITH THE SERVICES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
1. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: email@example.com. The notice must be sent within thirty (30) days of registering to use the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these Sections. If you opt-out of these arbitration provisions, APA Services also will not be bound by them.
1. Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Tarrant County, Texas. The parties expressly consent to exclusive jurisdiction in Tarrant County, Texas, for any litigation. The Parties irrevocably consent to personal jurisdiction in Texas for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Texas over any litigation arising in connection with, out of, or as a result of (i) these Terms and Conditions or the Services, and (ii) any acts or omissions of any of the parties in connection with these Terms and Conditions or the Services.
F.Governing Law & Jurisdiction. All disputes in connection with the Services and any Content generated through the Services, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to the conflict of laws rules thereof.
IX. PROPRIETARY INFORMATION
1. Copyright and Trademark. Unless otherwise noted (i.e. for Content not owned by APA Services), all materials published in or through the Services are protected as the copyrights, trade dress, trademarks and/or other intellectual property of APA Services or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the Services. All rights not expressly granted are reserved.
2. Digital Millennium Copyright Act (“DMCA”) Policy. APA Services respects intellectual property and other rights. As set forth in the following paragraphs, APA Services has a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act (DMCA) in the United States, and terminating Accounts of repeat infringers in appropriate circumstances. To report a problem other than copyright or trademark infringement, please email APA Services’s Designated Agent at firstname.lastname@example.org. APA Services may, in its sole discretion, limit, suspend, or terminate any user’s access or Account, delay or remove Content, and take technical and legal steps to keep users from using the Services, if APA Services thinks that such users are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
3. DMCA Notice. APA Services will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material. APA Services also will, in appropriate circumstances, terminate the Accounts of registered users whom we find to be repeat infringers. APA Services also may, in its discretion, suspend and/or terminate the Account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to: email@example.com. Any such notice should include the following:
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. Your contact information reasonably sufficient to permit APA Services to contact you, such as an address, telephone number, and if available, an email address where you may be contacted.
5. 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.
6. 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.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.",
3. A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located (or in the State of Texas, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
1. Reservation of Rights in Services. APA Services reserves all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein, whether by implication, estoppel, or otherwise. All enhancements, modifications, and derivative works made to the Services (collectively, the “Derivatives”), and all intellectual property rights therein, shall be owned by APA Services, whether or not such Derivatives are made at your request or instruction, with the exception of any of your Content contained in the Derivatives which shall continue to be owned by you. You hereby irrevocably assign to APA Services all rights, title and interest in and to the Derivatives, including all intellectual property rights therein that may inure to you or that you are deemed to obtain pursuant to this Agreement.
2. Restrictions. You shall not: (i) modify or create derivative works based on the Services, (ii) reverse engineer the Services, or (iii) access the Services in order to (a) build a similar or competitive product to or service to the Services to which the Content is uploaded or posted, (b) carry out benchmarking of the Services, including by monitoring their availability, performance or functionality, or (c) copy any features, functions or graphics of the Services.
3. Suggestions. You may, but are not obligated to, provide suggestions, enhancement requests, recommendations or other feedback provided by Customer (“Suggestions“). You hereby grant APA Services a royalty-free, worldwide, irrevocable, sublicensable, transferable, perpetual license to use, disclose, reproduce, license, distribute and exploit such Suggestions, and incorporate Suggestions into the Services and its other services, products, technologies, documentation or other development with no obligation to pay, attribute, license or to make available to, you or any other person or entity.
4. Confidentiality. You agree not to disclose APA Services proprietary information, algorithms, or any other confidential information, communications, statistics, or performance metrics of APA Services, without the prior written consent of APA Services.
5. Publicity. During the term of this Agreement, (i) APA Services may publicly refer to you as a customer of APA Services and may use your name, trade names, screen captured brands and logos orally and in written materials, including on its websites, in connection therewith, and (ii) you may publicly refer to APA Servicesorally, in writing, or in connection with your Account. Subject to your satisfaction with Services, you shall have the option to cooperate with APA Services to participate in a press release and/or customer testimonial. You will have the opportunity to request review of the press release and/or customer testimonial prior to issuance and APA Services will reasonably consider any modifications you may request.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
XII. THIRD PARTY LINKS
The Services may contain links to third party websites that are not owned or controlled by APA Services. APA Services has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, APA Services will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve APA Services from any and all liability arising from your use of any third-party website.
You may not assign any of your rights or obligations hereunder without the prior express written consent of APA Services. Any attempt by you to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. APA Services may assign this Agreement together with all rights and obligations hereunder, without restriction, including to a successor entity resulting from a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this Agreement. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.