Terms of Use
www.advancedplanninganalytics.com
YOU MUST READ THESE TERMS OF SERVICE FOR ADVANCED PLANNING ANALYTICS (“ADVANCED PLANNING ANALYTICS”) WEBSITE ("TERMS OF SERVICE") CAREFULLY. BY USING ANY OF ADVANCED PLANNING ANALYTICS’S WEBSITE SERVICES OFFERED BY ADVANCED PLANNING ANALYTICS AS DESCRIBED BELOW, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND FULLY UNDERSTAND ALL OF THESE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THESE TERMS. ADVANCED PLANNING ANALYTICS RESERVES THE RIGHT TO MODIFY ANY OR ALL THESE TERMS OF SERVICE AT ANY TIME AND SUCH CHANGES WILL BE POSTED AT ADVANCED PLANNING ANALYTICS'S LEGAL PAGE. YOUR CONTINUED USE OF ADVANCED PLANNING ANALYTICS’S WEBSITE AFTER ADVANCED PLANNING ANALYTICS POSTS CHANGES TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
1. Description of Services. ADVANCED PLANNING ANALYTICS Customers will have the option of signing up for access to the ADVANCED PLANNING ANALYTICS website and associated services, and shall have the option, at any time, to request cancellation of such access.
On ADVANCED PLANNING ANALYTICS's website, (the “My Account section,”) ADVANCED PLANNING ANALYTICS will offer customers with Ongoing Support Agreements a chance to access product-specific material, including but not limited to support documentation, corrections and enhancements, Knowledge base searches, general or support listserv subscriptions, news and events, product alerts, and general technical support information, like holiday hours.
2. Restrictions on Use of ADVANCED PLANNING ANALYTICS's website. As a user of the ADVANCED PLANNING ANALYTICS's website, you acknowledge and agree that you will not: (1) disrupt or interfere with the security of, or otherwise abuse, ADVANCED PLANNING ANALYTICS’s website, including uploading, downloading, transmitting or otherwise distributing any viruses or other harmful, disruptive or destructive files; (2) disrupt or interfere with any other user's enjoyment of ADVANCED PLANNING ANALYTICS’s website; (3) download, transmit or otherwise distribute any message, data, information, images, text or other material ("Materials") that may contain material infringing any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or download, transmit or otherwise distribute any Materials that are unlawful, obscene, pornographic, indecent, lewd, harassing, threatening, inflammatory or otherwise objectionable; (4) send unsolicited email or advertisements to any person; or (5) otherwise violate any applicable federal, local, state, or international law.
3. Privacy Policy. The privacy policy for the ADVANCED PLANNING ANALYTICS's website can be publicly accessed at: http://www.advancedplanninganalytics.com/privacy-policy.html.
4. Notice of Copyright Infringement. ADVANCED PLANNING ANALYTICS reserves the right to remove any Materials it believes is infringing on any ADVANCED PLANNING ANALYTICS or third party copyrights, and/or terminate any user from ADVANCED PLANNING ANALYTICS’s website. If you believe that any of your rights under U.S. copyright law have been infringed on by Materials on ADVANCED PLANNING ANALYTICS’s website, you may contact ADVANCED PLANNING ANALYTICS's designated copyright agent in writing. Your written notice must include the following: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) your address, telephone number and e-mail address; (3) identification of the copyrighted work claimed to have been infringed; (4) identification of the Materials that are claimed to be infringing or to be the subject of the infringing activity as well as information reasonably sufficient to permit ADVANCED PLANNING ANALYTICS to locate the material; (5) a statement that you have a good faith belief that use of the Materials are not authorized by you, your agent or by law; and (6) a statement, made under penalty of perjury, that all information provided in your notice is accurate, that the work claimed to have been infringed is subject to copyright protection, and that you are the owner of infringed work or have been duly authorized to act on behalf of the owner of the work allegedly being infringed. ADVANCED PLANNING ANALYTICS's designated copyright agent for receiving notice of copyright infringement claims is: Director of Marketing, C Ramos Management, LLC, Tel.: +1 (888) 476 5848.
5. No Warranty. ADVANCED PLANNING ANALYTICS’S WEBSITE, INLUDING ALL CONTENT, MATERIALS, ADVERTISEMENTS, AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ADVANCED PLANNING ANALYTICS’S WEBSITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, ADVANCED PLANNING ANALYTICS’S WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADVANCED PLANNING ANALYTICS DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION CONTAINED IN ADVANCED PLANNING ANALYTICS’S WEBSITE IS CORRECT, ACCURATE, RELIABLE, COMPLETE, FREE OF VIRUSES OR ERRORS, OR SECURE AND WILL NOT BE INTERRUPTED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. IN NO EVENT SHALL ADVANCED PLANNING ANALYTICS OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, OR AFFILIATES, BE LIABLE TO YOU, FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, BUSINESS INTERRUPTION, OR FOR LIABILITY TO THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE OF ADVANCED PLANNING ANALYTICS’S WEBSITE PROVIDED HEREIN, EVEN IF ADVANCED PLANNING ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
7. Indemnification. You agree to defend, indemnify, and hold ADVANCED PLANNING ANALYTICS harmless from and against any and all claims and liabilities, including reasonable attorneys' fees and costs, related to or arising from (a) any breach of these Terms of Service; (b) your use of ADVANCED PLANNING ANALYTICS’s website; or (c) violation or infringement of any third party's rights. ADVANCED PLANNING ANALYTICS reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of ADVANCED PLANNING ANALYTICS.
8. Termination. ADVANCED PLANNING ANALYTICS may terminate your access and use of ADVANCED PLANNING ANALYTICS’s website at anytime for any reason within its sole discretion. Termination of support in accordance with the terms of such agreement will terminate your access and use of ADVANCED PLANNING ANALYTICS’s website. Any claims or actions you may have against ADVANCED PLANNING ANALYTICS regarding services provided through ADVANCED PLANNING ANALYTICS’s website shall be governed by the terms of the license agreement between you and ADVANCED PLANNING ANALYTICS.
9. Severability. If any provision of the Terms of Service hereof is found by a tribunal of competent jurisdiction to be illegal or unenforceable, then such provision is hereby waived to the extent necessary for the Terms of Service to be otherwise enforceable.
10. Governing Law and Jurisdiction. You acknowledge and agree that the laws of the State of Texas shall govern the validity and construction of these Terms of Service, without reference to its choice of law provisions. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts located within the State of Texas. You further acknowledge and agree that, regardless of any law to the contrary, any claim or cause of action arising from or in connection with your use of ADVANCED PLANNING ANALYTICS’s website must be filed by you within one (1) year after such claim or cause of action arises or be permanently barred.
1. Description of Services. ADVANCED PLANNING ANALYTICS Customers will have the option of signing up for access to the ADVANCED PLANNING ANALYTICS website and associated services, and shall have the option, at any time, to request cancellation of such access.
On ADVANCED PLANNING ANALYTICS's website, (the “My Account section,”) ADVANCED PLANNING ANALYTICS will offer customers with Ongoing Support Agreements a chance to access product-specific material, including but not limited to support documentation, corrections and enhancements, Knowledge base searches, general or support listserv subscriptions, news and events, product alerts, and general technical support information, like holiday hours.
2. Restrictions on Use of ADVANCED PLANNING ANALYTICS's website. As a user of the ADVANCED PLANNING ANALYTICS's website, you acknowledge and agree that you will not: (1) disrupt or interfere with the security of, or otherwise abuse, ADVANCED PLANNING ANALYTICS’s website, including uploading, downloading, transmitting or otherwise distributing any viruses or other harmful, disruptive or destructive files; (2) disrupt or interfere with any other user's enjoyment of ADVANCED PLANNING ANALYTICS’s website; (3) download, transmit or otherwise distribute any message, data, information, images, text or other material ("Materials") that may contain material infringing any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or download, transmit or otherwise distribute any Materials that are unlawful, obscene, pornographic, indecent, lewd, harassing, threatening, inflammatory or otherwise objectionable; (4) send unsolicited email or advertisements to any person; or (5) otherwise violate any applicable federal, local, state, or international law.
3. Privacy Policy. The privacy policy for the ADVANCED PLANNING ANALYTICS's website can be publicly accessed at: http://www.advancedplanninganalytics.com/privacy-policy.html.
4. Notice of Copyright Infringement. ADVANCED PLANNING ANALYTICS reserves the right to remove any Materials it believes is infringing on any ADVANCED PLANNING ANALYTICS or third party copyrights, and/or terminate any user from ADVANCED PLANNING ANALYTICS’s website. If you believe that any of your rights under U.S. copyright law have been infringed on by Materials on ADVANCED PLANNING ANALYTICS’s website, you may contact ADVANCED PLANNING ANALYTICS's designated copyright agent in writing. Your written notice must include the following: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) your address, telephone number and e-mail address; (3) identification of the copyrighted work claimed to have been infringed; (4) identification of the Materials that are claimed to be infringing or to be the subject of the infringing activity as well as information reasonably sufficient to permit ADVANCED PLANNING ANALYTICS to locate the material; (5) a statement that you have a good faith belief that use of the Materials are not authorized by you, your agent or by law; and (6) a statement, made under penalty of perjury, that all information provided in your notice is accurate, that the work claimed to have been infringed is subject to copyright protection, and that you are the owner of infringed work or have been duly authorized to act on behalf of the owner of the work allegedly being infringed. ADVANCED PLANNING ANALYTICS's designated copyright agent for receiving notice of copyright infringement claims is: Director of Marketing, C Ramos Management, LLC, Tel.: +1 (888) 476 5848.
5. No Warranty. ADVANCED PLANNING ANALYTICS’S WEBSITE, INLUDING ALL CONTENT, MATERIALS, ADVERTISEMENTS, AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ADVANCED PLANNING ANALYTICS’S WEBSITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, ADVANCED PLANNING ANALYTICS’S WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADVANCED PLANNING ANALYTICS DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION CONTAINED IN ADVANCED PLANNING ANALYTICS’S WEBSITE IS CORRECT, ACCURATE, RELIABLE, COMPLETE, FREE OF VIRUSES OR ERRORS, OR SECURE AND WILL NOT BE INTERRUPTED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. IN NO EVENT SHALL ADVANCED PLANNING ANALYTICS OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, OR AFFILIATES, BE LIABLE TO YOU, FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, BUSINESS INTERRUPTION, OR FOR LIABILITY TO THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE OF ADVANCED PLANNING ANALYTICS’S WEBSITE PROVIDED HEREIN, EVEN IF ADVANCED PLANNING ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
7. Indemnification. You agree to defend, indemnify, and hold ADVANCED PLANNING ANALYTICS harmless from and against any and all claims and liabilities, including reasonable attorneys' fees and costs, related to or arising from (a) any breach of these Terms of Service; (b) your use of ADVANCED PLANNING ANALYTICS’s website; or (c) violation or infringement of any third party's rights. ADVANCED PLANNING ANALYTICS reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of ADVANCED PLANNING ANALYTICS.
8. Termination. ADVANCED PLANNING ANALYTICS may terminate your access and use of ADVANCED PLANNING ANALYTICS’s website at anytime for any reason within its sole discretion. Termination of support in accordance with the terms of such agreement will terminate your access and use of ADVANCED PLANNING ANALYTICS’s website. Any claims or actions you may have against ADVANCED PLANNING ANALYTICS regarding services provided through ADVANCED PLANNING ANALYTICS’s website shall be governed by the terms of the license agreement between you and ADVANCED PLANNING ANALYTICS.
9. Severability. If any provision of the Terms of Service hereof is found by a tribunal of competent jurisdiction to be illegal or unenforceable, then such provision is hereby waived to the extent necessary for the Terms of Service to be otherwise enforceable.
10. Governing Law and Jurisdiction. You acknowledge and agree that the laws of the State of Texas shall govern the validity and construction of these Terms of Service, without reference to its choice of law provisions. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts located within the State of Texas. You further acknowledge and agree that, regardless of any law to the contrary, any claim or cause of action arising from or in connection with your use of ADVANCED PLANNING ANALYTICS’s website must be filed by you within one (1) year after such claim or cause of action arises or be permanently barred.
