APN Connection Terms and Conditions
APN CONNECTION – TERMS AND CONDITIONS
Effective Date: July 2021
IMPORTANT – READ CAREFULLY. THESE TERMS AND CONDITIONS (“TOU”) ARE A LEGAL AGREEMENT BETWEEN YOU AND CSMN Operations, LLC d/b/a All Points North Lodge AND OUR AFFILIATES (COLLECTIVELY, “APN Lodge”, “we”, “us”, OR “our”) GOVERNING YOUR USE OF THE APN CONNECTION PLATFORM AND MOBILE APPLICATION, AND ANY UPDATES, MODIFICATIONS, IMPROVEMENTS, OR ENHANCEMENTS THERETO PROVIDED BY APN Lodge (COLLECTIVELY, THE “Service”). BY AGREEING TO THESE TOU OR BY accessing OR OTHERWISE USING The Service, YOU AGREE TO BE BOUND BY THESE TOU. YOUR USE OF THE Service is governed by these TOU, IF YOU DO NOT AGREE TO THEse TOU, THEN DO NOT ACCESS OR USE The Service.
These TOU provide that all disputes between you and APN Lodge with respect to your use of the Service will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 23(b) for the details regarding your agreement to arbitrate any disputes with APN Lodge.
- The Service. The Service allows you to attend virtual therapy sessions, participate in events, join communities with other APN Lodge clients, check on treatment plan progress, and obtain support.
- General Representations: By using the Service, you represent, acknowledge, and agree that: (a) you are at least 18 years of age and located in the United States; (b) you have not previously been suspended or removed from the Service; (c) your use of the Service is in compliance with all applicable laws and regulations; and (d) you have read and understand these TOU.
- Medical Disclaimer: THE SERVICE IS A PLATFORM AND DOES NOT DIAGNOSe OR TREAT PATIENTS. IT MAY BE POSSIBLE TO INTERACT WITH LICENSED HEALTH CARE PROFESSIONALS THROUGH THE SERVICE, BUT THE Service DOES NOT GIVE MEDICAL ADVICE OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES UNDER THIS AGREEMENT. RELIANCE UPON THE Service BY you IS SOLELY AT your OWN RISK. you should verify the accuracy of the information and completeness of such information.
The Service IS not intended for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Service. If you believe you have an emergency, call 9-1-1 immediately!
You should seek emergency help or follow up care when recommended by your Provider or when otherwise needed. Always seek the advice of a physician or other qualified health care PROFESSIONAL concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
The Service may contain general information OR CONTENT related to medical conditions, treatment, and other health care topics. Any such information is provided for informational purposes only and is not and should not be interpreted as medical advice or as a substitute for consultation with a physician or other qualified health care professional. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. additionally, any medical advice or consultation through the service provided to you by THERAPISTS OR OTHER HEALTH PROFESSIONALS is between you and such THERAPIST OR OTHER HEALTH PROFESSIONAL, and APN LODGE disclaims any responsibility for such communications.
YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE SERVICE OR ON ANY INFORMATION RECEIVED FROM APN Lodge EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK. UNDER THESE TOU, APN Lodge, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS AND RELATED COMPANIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OR VIRTUAL SESSIONS, INCLUDING HEALTH INFORMATION CONTENT AND THERAPY SESSIONS, AVAILABLE ON THE SERVICE OR FOR THE ACCURACY, TRUTHFULNESS OR CONTENT, INCLUDING HEALTH INFORMATION CONTENT, OF THE SERVICE, AND YOU SHOULD NOT RELY ON THE INFORMATION AVAILABLE IN THE SERVICE.
- Account and profile: Do not reveal your account information to anyone else. You must provide and maintain accurate, current, and complete user profile information as prompted by the account profile form. You are responsible for the confidentiality and security of your device, account, and access to the Service by your account, including your username and password. You agree not to permit any other person to use your username or password to gain access to the Service, and you agree that you are responsible for any and all activities conducted using your username and password. If you believe that the confidentiality of your password has been compromised, you must immediately notify APN Lodge and if possible, you should immediately change your password. APN Lodge is not responsible for any lost, stolen or compromised passwords or for any activity on your account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your account where caused by you.
- Reservation of rights and ownership: APN Lodge, our affiliates, our suppliers, and/or our licensors own all rights, titles and interests in and to the Service, including logos, graphics, user interface, videos, images, software, design, scripts, database structures, trademarks, copyrights and other materials included in or utilized by the Service or provided to you, and any updates thereto (”Materials”) and all intellectual property rights therein. The definition of Materials does not include any data you submit to the Service. The Materials are protected by applicable intellectual property, and other laws, including laws governing patents, copyrights, trade secrets, trademarks, and unfair competition. You agree that you will not use such Materials in any way whatsoever except for use of the Service in compliance with these TOU. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these TOU or where permitted by applicable law. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Service. You therefore agree that APN Lodge and/or our licensors do not transfer to any user any ownership or proprietary rights in the Service, the Materials, any intellectual property rights, or any other technology, information or materials, and as between the parties, APN Lodge, our affiliates, our suppliers and our licensors, retain exclusive ownership of all rights, titles and interest in and to all aspects of the Service, the Materials, any intellectual property rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever and whenever made).
APN Lodge reserves all rights not expressly granted to you in these TOU. Except for the limited rights and licenses expressly granted under these TOU, nothing in these TOU grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Materials. You may not and shall not permit any other person to copy, distribute, display, modify, or otherwise use any of the Materials except as expressly permitted by these TOU.
Any data, comments or materials that you supply via the Service or provide to APN Lodge in order to receive support, including feedback data, such as questions, comments, suggestions or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. APN Lodge shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others without limitation, except for health information and personal information which might be included in the Feedback but is subject to this section. Furthermore, APN Lodge shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback.
- Trademarks: APN Lodge’s brand marks are trademarks of CSMN Operations, LLC d/b/a All Points North Lodge in various jurisdictions. Other trademarks are the property of their respective owners. No license or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service. No use of any APN Lodge trademark, trade name, or trade dress may be made without the prior written authorization of APN Lodge, except to identify the product or services of the company.
- Right to use the Service: Subject to these TOU, and your compliance with these TOU, APN Lodge hereby grants you, a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to use the Service solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or Materials in any manner. You expressly acknowledge and agree that Service access is licensed and not sold to you. If you, or any other person under your responsibility, breach any of the provisions in these TOU, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
- Your Responsibilities: Use of the Service and its full functionality may require you to use qualifying devices and software. It is your responsibility to ensure that you have such devices and software and your failure to do so may affect the performance or availability of the Service. You are responsible for obtaining and maintaining any Internet connections, computing equipment, and supplies necessary for you to receive, access, and use the Service. You agree to only use the Service as expressly permitted herein.
- Prohibited uses of the Service: You may NOT:
- upload, download, email, transmit, store, otherwise make available any data or use or access the Service in a manner that is harmful, tortious, invasive of another’s privacy, or otherwise objectionable;
- use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
- pretend to be anyone that you are not or misrepresent who you are, your age, or otherwise misrepresent your affiliation with any person. APN Lodge reserves the right to reject or block any access to the Service by someone who could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
- infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these TOU);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, such as scripts or web crawlers), or any servers or networks connected to Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- reverse engineer, copy, decompile, disassemble, decode, gain access to the source code, or otherwise attempt to discover the source code or algorithms of the Service, except and then solely to the extent permitted under applicable law;
- modify or disable any features of the Service;
- use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with or harm others;
- create derivative works based on the Service;
- publicly display, publicly perform, transfer, sell, license, distribute, create derivative works of, rent, lease, lend, sublicense or provide commercial hosting services with the Service;
- collect or harvest (e.g., scrape) any information or data manually or technologically from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service;
- use or access the Service from a jurisdiction where such use or access is not authorized;
- disclose information about the Service features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a Patient; and/or
- gather, store or upload personal information, including health information, on any other users of the Service; and/or
- disclose to anyone any information available on the Service about other users of the Service.
- Update, change, or suspension of the Service: APN Lodge may, at any time, provide or make available updates or upgrades to the Service (“Updates”), including without limitation bug fixes, Service enhancements, new features, deletion of existing functions, or modification of the Service. Updates will be governed by these TOU unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. APN Lodge expressly reserves the right to change, suspend, remove, limit the use of, and/or disable the access to the Service or any portion thereof at any time without notice or liability.
- Right to monitor – third party services and content:
- Right to Monitor: APN Lodge reserves the right to gather data on the Service usage to ensure that the Service is being used in accordance with the TOU. Any unauthorized use shall be considered by APN Lodge to be a violation of the TOU. APN Lodge reserves the right to remedy violations immediately upon discovery. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the TOU. Any blocking of data required for compliance under the TOU is considered to be violation of the TOU and may result in immediate termination of your right to use the Service. APN Lodge reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
- Availability and accuracy of information: APN Lodge makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws. APN Lodge makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you in the Service. In particular, APN Lodge makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.
- Disclaimer of Warranty: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The SERVICE aND ALL MATERIALS AND CONTENT AVAILABLE THROUGH the SERVICE IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. APN Lodge AND OUR AFFILIATES, THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING The Service OR CONTENT OR DATA AVAILABLE THROUGH THE SERVICE, AND SPECIFICALLY DISCLAIMS AND YOU EXPRESSLY WAIVE ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, APN Lodge AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT The SERVICE OR THE CONTENT THEREIN (v) will OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (w) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, VIRUSES, OR ERRORS, (x) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS, (y) WILL BE ACCURATE, COMPLETE, OR RELIABLE, or (z) THAT THE QUALITY OF The Service WILL BE SATISFACTORY TO YOU OR WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APN Lodge OR ANY MATERIALS OR INFORMATION AVAILABLE THROUGH the SERVICE WILL CREATE ANY WARRANTY REGARDING APN Lodge OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO the SERVICE AND ANY MATERIALS OR INFORMATION AVAILABLE THROUGH the Service. YOU UNDERSTAND AND AGREE THAT YOU USE the Service, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH the SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICEs USED IN CONNECTION WITH the Service), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF the SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR INFORMATION. IN NO EVENT WILL APN Lodge BE LIABLE TO YOU FOR ANY LOSSES FROM MISTAKES, OMISSION, OR DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE.
NOTHING IN THESE TOU IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF APN Lodge AND THEIR LICENSORS AND SERVICE PROVIDERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Limitation of liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APN Lodge, OUR parent, OUR affiliates, OUR THIRD PARTY PROVIDERS, OR OUR OR THEIR RESPECTIVE LICENSORS, officers, directors, agents, Employees, OR REPRESENTATIVES OR any party acting on APN Lodge’s behalf BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION ARISING UNDER THESE TOU OR ASSOCIATED WITH YOUR USE OF THE SERVICE OR WITH RESPECT TO ANY MATERIALS EVEN IF APN Lodge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, STRICT LIABILITY, FAILURE TO WARN, INFRINGEMENT, FOR LOSS OR PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY SOFTWARE, AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE SERVICE, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE TO YOUR DOWNLOADING ANY MOBILE APP LINKED TO THE SERVICE, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT APN Lodge, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT APN Lodge WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH The Service, TERMINATION OF YOUR USE OF The Service IS YOUR SOLE REMEDY. APN Lodge has NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. IF, NOTWITHSTANDING the FOREGOING LIMITATIONS, A COURT OR DISPUTE RESOLUTION AUTHORITY WITH JURISDICTION OVER APN Lodge FINDS THAT APN Lodge MUST PAY DAMAGES, APN Lodge’S MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TOU, THE SERVICE, OR MATERIALS SHALL BE LIMITED TO $100.
THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some states /jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you in its entirety and any such liability will be to the maximum extent required to be provided by such applicable law.
You acknowledge and agree that to the fullest extent permitted by applicable law, neither APN Lodge nor our affiliates or business partners are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release APN Lodge and our affiliates and business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.
- Indemnity: TO the FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, You will DEFEND, indemnify, and hold harmless APN Lodge, OUR parent, OUR affiliates, and OUR AND THEIR RESPECTIVE LICENSORS, officers, directors, agents, Employees, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES and any party acting on APN Lodge’s behalf (“APN Lodge Indemnitees”), from and against any and all claims, actions, liabilities, losses, damages, judgments, FINES, costs and expenses, including EXPERTS’ FEES AND reasonable attorneys’ fees (collectively, “Claims”) arising out of OR RELATED TO (a) any use of the SERVICE by you or by any person that you allow to use the Service, (b) any breach of the TOU by you or by any person that you allow to use the Service, or (c) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the SERVICE, OR (d) ANY NEGLIGENCE, GROSS NEGLIGENCE, RECKLESS, OR WILLFUL MISCONDUCT.
Notwithstanding YOUR obligation to defend APN Lodge Indemnitees against Claims as set forth in in this these TOU, APN Lodge shall have the right to exclusive control of the defense and settlement of the Claims and/or to select counsel to defend against and negotiate resolution of such Claims. You shall give APN Lodge all reasonable assistance, at your expense. You may not settle any Claim against the APN Lodge Indemnitees unless the settlement unconditionally and fully releases APN Lodge Indemnitees of all liability and fault and the APN Lodge Indemnitees have provided written consent to such settlement.
- Data transmissions and costs: The Service requires your device to have access to the Internet and may be subject to restrictions imposed by your network or internet provider. The Service may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your device hardware or data access. You are solely responsible for any charges incurred from your internet and network providers related to the use of the Service.
- Notice of defects or security incident: You shall promptly report to APN Lodge any significant defects or problems with the Service observed by you. In addition, you shall immediately report to APN Lodge any actual or suspected security incident involving the Service and/or personal information (including loss or compromise of the Service account credentials) that you become aware of, and you will fully cooperate with APN Lodge, law enforcement and/or any other applicable regulatory body in addressing the incident. Without limiting APN Lodge’s other rights and remedies, if there is a violation of any of the security-related requirements under these TOU by you, that violation shall be a breach of these TOU, and APN Lodge shall have the immediate right in our sole discretion to suspend or terminate your access to the Service.
- Notifications and automatic alerts: Under some circumstances, the Service may present you with notifications, prompts with links to additional information, or suggested actions based on information collected by the Service. APN Lodge makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any notifications. You accept that any reliance on these notifications will be at your own risk, and APN Lodge disclaims all liability arising from your use of them or reliance upon them.
- User Content:
- User Content Generally. Certain features of the Service may permit you or other users to upload content to the Service, including documents, photos, videos, comments, messages, reviews, images, text, and other types of information (“User Content”) and to publish or deliver User Content on or through the Service. The licensor of the User Content retains any copyrights, moral rights, and any other proprietary rights held in the User Content that is posted to the Service.
- License Grant to APN Lodge. By posting or publishing User Content, you grant APN Lodge a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, unrestricted right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these TOU and the functionality of the Service.
- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize APN Lodge and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 20(d), in the manner contemplated by the Service, APN Lodge, and these TOU; and (b) your User Content, and the use of the Service as contemplated by these TOU, does not and will not: (x) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (y) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (z) cause APN Lodge to violate any law or regulation, including laws related to the privacy of personal or health information.
- User Content Disclaimer. We are under no obligation to monitor, edit, or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content or any failure to review or act upon User Content. APN Lodge may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in APN Lodge’s sole judgment violates these TOU or is otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against APN Lodge with respect to User Content. APN Lodge expressly disclaims any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these TOU, APN Lodge may investigate the allegation and determine in APN Lodge’s sole discretion whether to remove the User Content, which APN Lodge reserves the right to do at any time and without notice.
- Compliance with law: You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service including, without limitation, all applicable export restriction laws and regulations.
- Termination: The Service has no predetermined termination date and may continue until such time as APN Lodge decides to terminate the Service or when these TOU are terminated consistent with the terms herein. You may terminate your use of the Service at any time by not using the Service.
APN Lodge may immediately suspend or terminate these TOU and/or your access to and use of the Service or any portion thereof, at any time and for any or no reason. In addition, if you fail, or APN Lodge reasonably suspects that you have failed to comply with any of the provisions of the TOU, without limiting APN Lodge’s other rights and remedies, all of which are expressly reserved, at our sole discretion and without notice to you, APN Lodge may immediately discontinue your access to the Service and terminate the TOU, and you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.
If APN Lodge suspends or terminates your use of the Service for any of the reasons listed above, all rights granted to you by these TOU will terminate, and you lose status as an authorized user. You shall no longer have any right to use the Service under these TOU, and you must immediately (a) cease use of the Service, (b) delete the APN Connection mobile application from your device and delete any connection to the Service on any system used by you, and (c) delete all Material in your possession or control.
- General terms:
- Choice of law: These TOU, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of Colorado, without regard to its conflict or choice of law principles.
- Arbitration: YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TOU, YOU AND APN Lodge EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Any controversy or claim arising out of or relating to these TOU, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be Colorado, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing two sentences are found to be unenforceable or if the entirety of this Section 23(b) (Arbitration) is found to be unenforceable, then the entirety of this Section 23(b) (except this sentence) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 23(a) (Choice of Law) will govern any action arising out of or related to these TOU. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeursor to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
You can choose to reject this arbitration agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section 23(b). For new users, the Opt-Out Notice must be postmarked no later than thirty (30) days after the date you use the Service for the first time. You must mail the Opt-Out Notice to All Points North Lodge ATTN Parker Smith, 2205 Cordillera Way, Edwards, CO 81632. The Opt-Out Notice must state that you do not agree to the arbitration agreement and must include your name, address, phone number, and the email address(es) used to log in to the Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, APN Lodge will likewise not be bound by these arbitration provisions. All other terms of these TOU will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Service users who accepted a previous version of these TOU that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, APN Lodge will provide the opting out user with a copy of the arbitration agreement from the last version of the TOU that the user accepted, if any exists.
- No Agency: The parties do not intend by entering into these TOU to create a partnership, joint venture, agency, or any other such relationship. Nothing in these TOU shall be construed to expressly or impliedly create such a partnership, joint venture, agency or other relationship and nothing in these TOU authorizes you to make any contract, agreement, warranty, or representation on behalf of APN Lodge. Each of the parties warrants and represents that it has not and will not hold itself out as a representative, agent, servant, or employee of the other party for any purpose. Each party assumes sole responsibility for fully complying with laws applicable to its own personnel, none of whom shall be deemed employees or agents of the other party.
- No Third Party Beneficiaries: Except as expressly stated herein, these TOU are for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these TOU.
- Claims Period: To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these TOU shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
- Entire Agreement: These TOU are the complete and exclusive statement of these TOU with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto.
- Severability: If any term or provision of these TOU is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of these TOU. The remaining provisions of these TOU shall remain in effect and shall be construed in accordance with its terms.
- Survival: Sections 2-6, 9-16, 20-23 of these TOU, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOU, and shall remain valid and binding.
- Headings. The headings contained in these TOU are for reference purposes only and shall not affect the meaning or interpretation of these TOU.
- No Waiver. The failure of APN Lodge to enforce at any time any of the provisions of these TOU, or the failure by APN Lodge to require at any time performance by you of any of the provisions of these TOU, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of APN Lodge to enforce such provision thereafter. The express waiver by APN Lodge of any provision, condition, or requirement of these TOU shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
- Links to third-party services and sites: We may offer links or other functions or materials on the Service which allow you to interact with a third party service or browse or be redirected to a third party’s website, such as a social networking platform. We are not associated with, endorsing, or responsible for the services, websites, or content or privacy practices of these third parties. If you have any questions about these other companies’ practices, you should review their TOU and other policies. YOU AGREE THAT APN Lodge WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply APN Lodge’s endorsement or recommendation.
- Changing these TOU: APN Lodge reserves the right, at our discretion, at any time to modify these TOU and to impose new or additional terms or conditions on your use of the Service. Please check these TOU periodically for changes. If a change to these TOU materially modifies your rights or obligations, we will take steps to provide notice of the modified TOU. Material modifications will be effective upon your acceptance of such modified TOU or upon your continued use of the Service after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. Disputes arising under these TOU will be resolved in accordance with the version of these TOU that was in effect at the time the dispute arose.
- Prohibition of Assignment: You may not assign, transfer or sublicense any obligations or benefits under these TOU without the prior written consent of APN Lodge. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
- Subcontractors: You hereby consent to APN Lodge’s engagement of third parties (including APN Lodge’s affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Service.
- Force Majeure: To the fullest extent permitted under applicable law, APN Lodge will be excused from performance under these TOU for any period that it is prevented from or delayed in performing any obligations pursuant to these TOU, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 22(o), “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes, (iv) labor strikes; (v) telecommunications, network, computer, server or Internet disruption or downtime; (vi) unauthorized access to APN Lodge’s information technology systems by third parties; (vii) epidemics or pandemics; (viii) criminal acts; or (ix) other causes beyond the reasonable control of APN Lodge.
- Export: You may not use the Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
- Notice: All notifications to APN Lodge under these TOU should be sent via email and first class mail to:
All Points North Lodge
ATTN Parker Smith
2205 Cordillera Way
Edwards, CO 81632
Please print a copy of these TOU for your records.