Terms of Use

  1. Introduction

The American Association of Pet Parents and its affiliated website myaapp.org (“Site”) are owned and operated by American Association of Pet Parents, LLC (“AAPP”, “Company”, “We”, or “Us”). Access to and use of the Site and the services, features, Content (defined below) and applications offered by AAPP (collectively with the Site, the “Services”) is subject to these terms and conditions of use (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. You must accept these Terms of Use, including any additional terms and policies referenced here and/or available by hyperlink to use the Services. These Terms apply to all users of the Services.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES. EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY. BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE.

  1. Not Veterinary Services

The Services made available via the Site are provided for informational purposes only. The Services do not provide medical or veterinary advice or any medical, veterinary, healthcare or wellness service. The Services are not a substitute for the professional judgement of a veterinary or other medical professional and are not in any way intended to override professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified health provider with any question you may have regarding a pet or animal’s medical condition. If you think your pet or an animal may have a medical emergency, call your vet, animal control, PETA, or 911 for help immediately.

  1. Use of the Services

You may browse the Site without registering for an account. However, certain Services may require registration of an account. If you are under 18 years of age, you may not register for an account.

You agree to provide and maintain only true, accurate, and complete information about yourself as part of your account. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you to verify your identity.

You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.

The Services are intended for use in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk. You are responsible for compliance with all laws, rules and regulations applicable to you.

If you send us your creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction fully exploit in any medium any comments that you provide to us. Comments are not confidential. We are and shall be under no obligation (1) to pay compensation for any Comments; or (2) to respond to any Comments.

  1. Content

The term “Content” or “content” as used in these Terms of Use includes, without limitation, articles, information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content also includes all User Contributions (as defined below). Content is considered part of the “Services” as used in this Terms of Use.

Content is provided for information purposes only and does not consider your unique, personal circumstances and needs. AAPP does not recommend or endorse any specific tests, veterinarian, products, procedures, opinions, or other information that may be mentioned in the Services. Content may be revised, modified, or updated at any time. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and AAPP shall have no responsibility or liability to you whatsoever.

AAPP does not guarantee that any Content will be made available through the Services, or that any Content you access is or will continue to be accurate. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

AAPP reserves the right to, but does not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.

Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services for your personal use as described herein is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content in violation of these Terms of Use, including, without limitation, for any commercial use or in any way that violates any third party right.

  1. User Contributions

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Contributions”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Contribution. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary.

You acknowledge that the use of any User Contributions accessed via the Services is at your own risk to the fullest extent allowed by applicable law. We are not responsible for, and we do not endorse, the opinions, advice, suggestions, or recommendations posted or sent by users in any User Contributions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.

You also acknowledge and agree that communications on or through the Services, including without limitation, User Contributions, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., veterinarian-pet).

You represent that all User Contributions provided by you are accurate, complete, up-to-date, and in compliance with these Terms of Use and all applicable laws, rules and regulations. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness, and for the consequences of posting such User Contributions.

User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person; (h) Impersonate any person or misrepresent your identity or affiliation with any person or organization; (i) promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (j) give the impression that they emanate from or are endorsed by us or any other person or entity.

By providing any User Contribution through the Services, you grant AAPP and its affiliates, partners, and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, transferable license and right to use, edit, truncate, aggregate, reproduce, modify, perform, display, distribute, prepare derivative works of, and otherwise fully exploit the User Contributions in connection with the Services, and ours and our affiliates and partners businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivatives thereof) in any media formats and through any media channels (including, without limitation, third party websites and fees), and including after termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Contributions in connection with material provided by our affiliates and partners, and you shall not be entitled to any payment or other remuneration for such use. To the extent any User Contributions you submit includes your name, likeness, voice, or photograph (or any of the foregoing of your pet or other animal), you acknowledge and agree that this license shall apply to the same and you hereby release and hold harmless AAPP from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made in connection with your content, name, image or likeness. You grant each user of the Services a non-exclusive, perpetual license to access your User Contributions through the Services, including after your termination of your Account or the Services. You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above. Except where prohibited by applicable law, by submitting User Contributions through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Contributions or any photograph(s), footage, illustrations, statements or other work contained in the User Contributions.

AAPP reserves the following rights:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding our rights set forth above, we cannot and do not undertake to review all User Contributions before or after they are posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section titled “User Contributions”.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any of the following ways:

  • Use that in any way violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate AAPP, an AAPP employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AAPP or users of the Services or expose them to liability.

Additionally, you agree not to:

  • “Scrape” or disaggregate data or Content from the Services (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
  • Otherwise attempt to interfere with the proper working of the Services.
  1. Privacy

Your use of the Services, and the use of any information collected by us through your use of the Services is subject to the privacy policy described in the AAPP Privacy Policy statement, which is incorporated as part of these Terms of Use. Some of your activity on and through the Services is public. If you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. Participants are to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. We are not responsible or liable for any information that is made public pursuant to the public features of the Services.

  1. Intellectual Property

The Services (including without limitation, all Content, except your own User Contributions, which are owned by you subject to our license rights as further described herein) are the property of AAPP or its affiliates, partners or licensors and are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of AAPP. AAPP grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Services for your own personal, non-commercial purposes subject to these Terms of Use. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Any unauthorized use (including any commercial use) of the Services and/or Content, including Trademarks, will violate the intellectual property rights of AAPP (and/or its third-party partners and licensors) and will be subject to AAPP (and/or its third-party partners and licensors) full legal rights and remedies.

The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed in the Services are Trademarks of AAPP and its third-party partners and licensors. Nothing contained in the Services shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Services without the written permission AAPP.

All content included on this site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AAP or its content suppliers and protected by international copyright laws. Likewise, the compilation of all content on this site is the exclusive property of AAPP, with copyright authorship for this collection by AAPP, and protected by international copyright laws.

  1. AAPP Contributors

Content providers are independent contractor contributors to the Services. To the extent we refer to each of these contributors as an expert, understand we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. AAPP also is not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as experts, are not employees of AAPP or its affiliates and AAPP cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Services.

  1. Third-Party Links

AAPP may provide links to third party services as a convenience to you. Any use by you of any products or services offered by any third parties is at your sole risk. We are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither AAPP nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your use or purchase of third-party products or services, even if based upon the information provided via the Services, and we shall not receive or review complaints regarding such purchases. We make no representations or warranties with respect to such third-party products and services. Please be sure to read any terms and policies that may apply to the third-party products and services.

  1. Modifications to Terms of Use

AAPP reserves the right to change these Terms of Use at any time. You should check this page regularly to ensure you are aware of the most current terms. The changes will appear on the Site and will be effective when we post the changes. We will use commercially reasonable efforts to notify you of such changes by emailing you or by posting a notice of the change in a prominent place on the Site. Your continued use of the Services means you agree to and accept the changes.

  1. Social Media and Linking

The Services may provide certain social media features. You may use these features solely as they are provided by us and solely with respect to the Content with which they are displayed. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site and to use the social media features so long as: (a) the links only incorporate text, and do not use any of our trademarks; (b) the links and the content on your website and social media do not suggest any affiliation with AAPP or cause any other confusion; and (c) the links and the content on your website or social media do not portray AAPP or its Services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party. You must not establish a link to this Site or the Services from any website or social media account that is not owned by you, or for which you lack proper legal authority to establish a link. The Site and Services must not be framed on any other site, nor may you create a link to any part of the Site or the Services other than the homepage. We reserve the right to suspend or prohibit linking to the Site and Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. We may disable all or any social media features and any links at any time without notice in our sole discretion.

  1. Indemnification

You agree to indemnify, defend and hold harmless AAPP, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, (b) breach by you or any user of your account of these Terms of Use or (c) any use of the Services by you in violation of these Terms of Use or in a manner not intended hereunder. You shall cooperate fully and reasonably in the defense of any such claim. To the maximum extent permitted by applicable law, AAPP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

  1. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE, DO NOT REPRESENT ANY WARRANT, AND ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, USER CONTRIBUTION, OPINION, ADVICE OR STATEMENT CONTAINED IN OR ACCESSIBLE VIA THE SERVICES. THE CONTENT, USER CONTRIBUTIONS, INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL AAPP OR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, ADVISORS OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM, LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES, OR WITH ANOTHER USER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST AAPP AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF, RELIANCE ON, OR INABILITY TO USE THE SERVICES EXCEED FIVE HUNDRED DOLLARS (US$500).

  1. Governing Law

These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Illinois.

  1. Disputes

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN CHICAGO, ILLINOIS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF USE. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT WE AND YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Use (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Illinois law. Your written notification must be mailed to us at the address set out at the end of these Terms of Use. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Use after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Use. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.

  1. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of any Content or other material used or displayed through the Services.

  1. Waiver and Severability

No waiver by AAPP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AAPP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and AAPP with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. In the event of a conflict between the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control.

  1. Assignment

These Terms of Use apply to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Use without your consent.

  1. California Residents