Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- Use of Our Service
Ask April Porter provides an online interactive platform for business coaching and consulting, education courses and digital marketing services.
This is a contract between you and Ask April Porter. You must read and agree to these terms before using the Ask April Porter Service. If you do not agree, you may not use the Service. If you are under 18 years of age, we may need your parent or guardian’s consent before allowing you to use the Service. Supplemental terms and conditions may apply to some Services, such as rules for a particular promotion, service or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms. The Service is not available to any Users previously removed from the Service by Ask April Porter.
- Ask April Porter Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Ask April Porter reserves all rights not expressly granted herein in the Service and the Ask April Porter Content (as defined below). Ask April Porter may terminate this license at any time for any reason or no reason. Without limiting the generality of the foregoing, the following are types of uses that Ask April Porter expressly defines as falling outside of “non-commercial” use:
- the sale or rental of (1) any part of the Services, (2) any derivative works based at least in part on the Services or (3) any collective work that includes any part of the Services;
- providing training, support, or editorial services that use or reference the Services in exchange for a fee; and
- the sale of advertisements, sponsorships, or promotions placed on the Services, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Services, including without limitation to any “pop-up advertisements”.
- Ask April Porter Accounts
Your Ask April Porter account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Ask April Porter with a third-party service (for example, Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Ask April Porter immediately of any breach of security or unauthorized use of your account. Ask April Porter will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your “account settings” page. By providing Ask April Porter your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your “account settings” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Ask April Porter servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Ask April Porter grants the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Ask April Porter Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Ask April Porter shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, course content and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service herein referred to as “User Content”). Access to these features may be subject to age restrictions. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Ask April Porter has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Ask April Porter reserves the right, but is not obligated, to reject and/or remove any User Content that Ask April Porter believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and Ask April Porter’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Ask April Porter may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content you provide to us is truthful and accurate.
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Ask April Porter takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Ask April Porter shall not be liable for any damages you allege to incur as a result of User Content.
- User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Ask April Porter a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Ask April Porter’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Service and under this Agreement.
- Mobile Software
- Mobile Software. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Ask April Porter does not warrant that the Mobile Software will be compatible with your mobile device. Ask April Porter hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Ask April Porter account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Ask April Porter may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Ask April Porter or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Ask April Porter reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: the Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Ask April Porter Service.
- Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Ask April Porter, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Ask April Porter as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Ask April Porter as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Ask April Porter, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Ask April Porter acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
- Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Ask April Porter Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Ask April Porter and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Ask April Porter Content. Use of the Ask April Porter Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ask April Porter under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ask April Porter does not waive any rights to use similar or related ideas previously known to Ask April Porter, or developed by its employees, or obtained from sources other than you.
- Ask April Porter Indicators
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (for example, points and badges for completing courses) (“Ask April Porter Indicators”). You understand and agree that regardless of terminology used, Ask April Porter Indicators represent a limited license right governed solely by the terms of this Agreement and available for distribution at Ask April Porter’s sole discretion. Ask April Porter Indicators are not redeemable for any sum of money or monetary value from Ask April Porter at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Ask April Porter on Ask April Porter servers, including without limitation any data representing or embodying any or all of your Ask April Porter Indicators. You agree that Ask April Porter has the absolute right to manage, regulate, control, modify and/or eliminate Ask April Porter Indicators as it sees fit in its sole discretion, in any general or specific case, and that Ask April Porter will have no liability to you based on its exercise of such right. All data on Ask April Porter’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON ASK APRIL PORTER’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ASK APRIL PORTER’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. ASK APRIL PORTER DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ASK APRIL PORTER’S SERVERS.
- Paid Services
- Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Ask April Porter may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. You hereby agree and acknowledge that you shall at all times maintain with Ask April Porter valid credit card information of you and authorize Ask April Porter to automatically charge such credit card for all payments due by you hereunder. Following the expiration of the Initial Term (as defined herein), Ask April Porter shall charge such credit card on a monthly basis during the Term (as defined herein). All payments are due and payable in US Dollars. All overdue payments shall bear interest at the lesser of the rate of one and one-half percent (1.5%) or the maximum rate allowed under applicable law. You agree to pay all costs of collection of delinquent invoices, including attorneys’ fees and court costs. In the event that any payment is more than thirty (30) days past due, Ask April Porter may suspend your access to the Service without incurring any liability to you. Despite any such suspension, you acknowledge and agree that you will be required to pay all fees and expenses due and payable for the entire Term of this Agreement.
- Orders. You will issue to Ask April Porter a written purchase order or other form of written or electronic communication committing to a purchase of the Service. Each such purchase order must include your name, address, contact information, the Service Plan purchased by, or licensed to, you, the commercial terms and specific usage rights with respect to the Service (if any), the Initial Term of the Service Plan (as defined herein), and such other terms as the parties may mutually agree. No purchase order is binding on Ask April Porter unless and until it is accepted by an authorized representative of Ask April Porter (each such accepted purchase order, an “Order”), acceptance will commence upon the signing of a service agreement by an authorized Ask April Porter representative, or through electronic means by the charging of the users payment device. Except as expressly agreed in writing by Ask April Porter’s authorized representative or otherwise provided herein, any terms or conditions in any purchase order or other communication from you that conflict, modify, or add to the terms and conditions hereof are hereby rejected and are null, void, and of no legal effect, and any failure to object thereto is not an acceptance thereof, nor will it constitute a waiver of the terms and conditions hereof.
- Service Plans. Ask April Porter offers four (4) different options for the Service: (i) an introductory plan whereby you agree to pay all fees for the Service and Ask April Porter provides you with access to the certain aspects of the Service for a thirty (30) day period (the “Introductory Package”); (ii) a monthly plan, whereby you agree to pay all fees for the Service on a month-to-month basis until terminated as herein provided (the “Monthly Plan”); and (iii) an annual plan whereby you agree to pay all fees for the Service for a twelve (12) month period (the “Annual Plan”); and (iv) a single-service plan whereby you agree to pay all fees for access to certain aspects of the Service for an express period of time at the end of which the plan automatically terminates (“the Single-Service Plan” and together with the Introductory Package and Monthly Plan, and the Annual Plan each a “Service Plan”). The fees for the Introductory Package shall be paid at the time you place the Order. The fees for the Monthly Plan shall be paid at the time you place the Order, and shall continue to be payable on a month-to-month basis following the Effective Date (as defined herein). The fees for the Annual Plan shall either be payable, at your election, in one (1) complete payment due at the time that the Order is placed, or payable in twelve (12) equal monthly installments. The fees for the Single-Service Plan shall either be payable in one (1) complete payment due at the time that Order is placed, or payable in installments to be determined by Ask April Porter and provided at the time the Order is placed.
- Term. The term of this Agreement commences on the date set forth in the initial Order (the “Effective Date”) and, unless earlier terminated as provided herein, continues for the period set forth on the Order and in accordance with the elected Service Plan or, if no such period is set forth thereon, a period of one (1) month (the “Initial Term”). Contemporaneous with the expiration of such Initial Term and each successive Renewal Term (as defined herein), this Agreement automatically will renew for a period of one (1) month (each, a “Renewal Term” and together with the Initial Term, collectively the “Term”), unless and until terminated in accordance with the terms and conditions set forth herein; provided, however, that the Introductory Package shall not automatically renew and you must elect to purchase the Monthly Plan, the Annual Plan, or a Single-Service Plan to continue use of the Service. Either party may terminate this Agreement as of the end of the Initial Term or the then current Renewal Term, as the case may be, by providing the non-terminating party with thirty (30) days’ prior written notice of its intention not to renew this Agreement no later than thirty (30) days prior to the end of the Initial Term or the then current Renewal Term, as the case may be. A party may terminate this Agreement immediately in the event that: (a) the other party fails to cure a material breach of any term, condition, representation or warranty set forth herein within fifteen (15) days after such other party’s receipt of written notice thereof; or (b) in the event the other party files a petition in bankruptcy or for reorganization or a third party files a petition in bankruptcy or for reorganization against such other party, which is not dismissed within sixty (60) days, or in the event of an assignment by such other party for the benefit of its creditors, or the appointment of a receiver, trustee, liquidator or custodian for all or a substantial part of such other party’s assets. Upon any termination or expiration of this Agreement: (i) the licenses and rights granted under this Agreement terminate effective immediately as of the date of such termination or expiration; (ii) you agree that you will delete all Services contained on your systems and provide Ask April Porter with written certification thereof at Ask April Porter’s request; and (iii) you will remain obligated to pay Ask April Porter for all fees and expenses of the Service for the entire Term.
- Renewals. Ask April Porter subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Your subscription will renew monthly on the same day of the month or year, respectively, as the date you made your initial Order. This date will be included on your Order confirmation receipt that will be emailed to you at the email you provide.
- No Refunds. You may cancel your Ask April Porter account as provided herein; however, except as otherwise provided herein, there are no refunds for cancellation. Ask April Porter may offer partial, pro rata refunds for Ask April Porter’s early suspension, termination, or cancellation of a Service Plan, where the pricing and payment terms for the specific Ask April Porter program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or Ask April Porter suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any money paid by you, Ask April Porter Indicators, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
You enter into Ask April Porter Service at your own risk: no guarantees, nor refunds, no exchanges, no credits. Ask April Porter and its affiliates, subsidiaries and vendors cannot and will not be responsible or liable for your monetary investment or loss in any way.
Please take note: It is common practice that Pay-Per-Click (PCP) and/or digital advertisement providers do not offer refunds on ads, clicks, budget, etc. Once money has been spent for ads on Google, Facebook, Twitter, LinkedIn, etc., it is unrecoverable, for any reason, no matter how compelling or justifiable the case for a refund may seem. You should never spend any sum of money, no matter how great or small on PCP services if you cannot afford to lose it entirely with no return, results, revenue, or profit of any kind. Ask April Porter absolutely does not offer any assurances, guarantees, warranties or results in any way. You are encouraged to fully educate and familiarize yourself with the implications, effects, and risks of technology, online marketing and advertising, and internet use, especially as it pertains to business and your personal privacy, security, etc.
- Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Ask April Porter cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- DMCA Notice
Since we respect artist and content owner rights, it is Ask April Porter’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Ask April Porter’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Ask April Porter to contact you, such as your address, telephone number, and, e-mail address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Support@Ask April Porter.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Ask April Porter and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Ask April Porter’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Ask April Porter has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Ask April Porter may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual there is any repeat infringement.
- Third-Party Links
- Prohibited Conduct
YOU AGREE NOT TO:
- Use the Websites for any commercial use or purpose unless expressly permitted by Ask April Porter in writing, it being understood that the Websites and related services are intended for personal, non-commercial use only;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services;
- Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
- Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
- Delete the copyright or other proprietary rights notices on the Websites or on any Services or User Content;
- Assert, or authorize, assist, or encourage any third party to assert, against Ask April Porter or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Services or User Content you have used, submitted, or otherwise made available on or through the Websites;
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Websites (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- Use the Websites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- Defame, harass, abuse, threaten or defraud Users of the Websites, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Websites, Services or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Websites, Services, or User Content;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Websites, Services or User Content or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Modify, adapt, translate or create derivative works based upon the Websites, Services, User Content or any part thereof, except and only to the extent expressly permitted by Ask April Porter herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
- Intentionally interfere with or damage operation of the Websites, the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
You agree to defend, indemnify and hold harmless Ask April Porter and its subsidiaries, agents, licensors, members, managers, employees, and other affiliated companies, and their employees, contractors, agents, members, managers, shareholders, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) your negligent or willful misconduct; or (vii) any other party’s access and use of other appropriate security code.
Ask April Porter and its affiliates do not provide tax, investment, legal or accounting advice. This Services and materials provided by Ask April Porter has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.
- No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASK APRIL PORTER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
ASK APRIL PORTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ASK APRIL PORTER SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ASK APRIL PORTER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASK APRIL PORTER, ITS AFFILIATES, MEMBERS, MANAGERS, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ASK APRIL PORTER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASK APRIL PORTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ASK APRIL PORTER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ASK APRIL PORTER HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASK APRIL PORTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Ask April Porter makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- Governing Law and Arbitration
- Governing Law. You agree that: (i) the Service shall be deemed solely based in the State of Missouri, United States of America; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Ask April Porter, either specific or general, in jurisdictions other than the State of Missouri. This Agreement shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in St. Louis County, Missouri for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
- Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ASK APRIL PORTER. In the unlikely event that Ask April Porter has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Ask April Porter claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in St. Louis County, Missouri, unless you and Ask April Porter agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Ask April Porter from seeking injunctive or other equitable relief from the courts as necessary to protect any of Ask April Porter’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND ASK APRIL PORTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, .COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ask April Porter without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to the Agreement. Ask April Porter may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Ask April Porter in our sole discretion. Ask April Porter reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Ask April Porter is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Ask April Porter may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
- Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Ask April Porter in connection with the Service, shall constitute the entire agreement between you and Ask April Porter concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ask April Porter’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Government Use Rights. If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.
- Notices. All notices, demands, and other communications given or delivered under this Agreement shall be in writing and shall be deemed to have been given, (a) when received if given in person, (b) on the date of electronic confirmation of receipt if sent by email, (c) three business days after being deposited in the U.S. mail, certified or registered mail, postage prepaid, or (d) one business day after being deposited with a reputable overnight courier. Notices, demands, and communications to a Party shall, unless another address is specified in writing pursuant hereto, be sent to the Party’s email address: firstname.lastname@example.org
If to You: Pursuant to your contact information contained in the Order.
- Contact. Please contact us at email@example.com with any questions regarding this Agreement or the Service.