Terms of use

Apprentice Systems' products and services are provided by Apprentice Systems, Inc. These Terms of Service ("Terms") govern your access to and use of Apprentice Systems' website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

1. Using Apprentice Systems

a. Who can use Apprentice Systems: You may use our Products only if you can form a binding contract with Apprentice Systems, and only in compliance with these Terms and all applicable laws. When you create your Apprentice Systems account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. b. Our license to you: Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. c. Commercial use of Apprentice Systems: If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.
2. Your Content
a. Posting content: Apprentice Systems may allow you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Apprentice Systems.
b. How Apprentice Systems and other users can use your content: You grant Apprentice Systems and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Apprentice Systems solely for the purposes of operating, developing, providing, and using the Apprentice Systems Products. Nothing in these Terms shall restrict other legal rights Apprentice Systems may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. c. How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from Apprentice Systems, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Apprentice Systems and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Apprentice Systems. d. Feedback you provide: We value hearing from our users, and are always interested in learning about ways we can make Apprentice Systems better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Apprentice Systems does not waive any rights to use similar or related Feedback previously known to Apprentice Systems, or developed by its employees, or obtained from sources other than you.
3. Security
We care about the security of our users. While we work to protect the security of your content and account, Apprentice Systems cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
4. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Apprentice Systems. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Apprentice Systems, you do so at your own risk and you agree that Apprentice Systems will have no liability arising from your use of or access to any third-party website, service, or content.
5. Termination
Apprentice Systems may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-11 of these Terms.
6. Indemnity
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Apprentice Systems and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
7. Disclaimers
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. APPRENTICE SYSTEMS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Apprentice Systems takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. 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.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPRENTICE SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL APPRENTICE SYSTEMS' AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
9. Arbitration
For any dispute you have with Apprentice Systems, you agree to first contact us and attempt to resolve the dispute with us informally. If Apprentice Systems has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Apprentice Systems agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Apprentice Systems will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). 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 prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND APPRENTICE SYSTEMS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Ohio, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Summit County, Ohio or the United States District Court for the Northern District of Ohio, for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
11. General Terms
Notification Procedures and changes to these Terms. Apprentice Systems reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Apprentice Systems without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Apprentice Systems in connection with the Products, shall constitute the entire agreement between you and Apprentice Systems concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Apprentice Systems' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. U.S. Government Agencies: If you are a United States federal government agency, your use of Apprentice Systems is subject to our Business Terms of Service.

Privacy policy

Online Privacy is a constantly evolving landscape and Apprentice Systems plans to take all reasonable efforts to maintain up to date and effective online privacy standards and practices. We have linked every page of our web site to this page for your convenience and you may also contact us at privacy@apprenticesystems.com with any questions or concerns that you may have.
Introduction

We at Apprentice Systems Inc. are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.

Apprentice Systems has established this Online Privacy Policy so that you can understand the care with which we intend to treat your Personal Information.

Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit Apprentice Systems' Web pages without telling us who you are or revealing any Personal Information about yourself.

If you choose to provide us with your Personal Information on the Web, we may transfer that Information within Apprentice Systems or to Apprentice Systems' third-party service providers, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.

Apprentice Systems strives to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from country to country, Apprentice Systems intends to adhere to the principles set forth in this Online Privacy Policy even if, in connection with the above, we transfer your Personal Information from your country to countries that may not require an "adequate" level of protection for your Personal Information. In other words, our goal is to provide protection for your Personal Information no matter where that Personal Information is collected, transferred, or retained.

Cookies and Other Tracking Technologies

Some of our Web pages utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Web site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Web site.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our site is accessed. Our use of cookies and other tracking technologies allows us to improve our Web site and your Web experience. We may also analyze information that does not contain Personal Information for trends and statistics.

To protect your privacy, we have adopted the following principles:

  • Notice
  • Choice
  • Security
  • Access/Accuracy
Notice

Where Apprentice Systems collects Personal Information on the web, we intend to post a purpose statement that explains why Personal Information will be collected and whether we plan to share such Personal Information outside of Apprentice Systems or those working on Apprentice Systems' behalf. Apprentice Systems does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Apprentice Systems' behalf unless such transfer is legally required.

Choice

You may choose whether or not to provide Personal Information to Apprentice Systems. The notice we intend to provide where Apprentice Systems collects Personal Information on the Web should help you to make this choice. If you choose not to provide the Personal Information we request, you can still visit most of Apprentice Systems' Web sites, but you may be unable to access certain options, offers, and services that involve our interaction with you.

If you chose to have a relationship with Apprentice Systems, such as a contractual or other business relationship or partnership, we will naturally continue to contact you in connection with that business relationship.

Security

Wherever your Personal Information may be held within Apprentice Systems or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure.

Access/Accuracy

To the extent that you do provide us with Personal Information, Apprentice Systems wishes to maintain accurate Personal Information. Where we collect Personal Information from you on the Web, our goal is to provide a means of contacting Apprentice Systems should you need to update or correct that Information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your Personal Information to privacy@apprenticesystems.com and we will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practicable.

Third Party Services

Third parties provide certain services available on ApprenticeSystems.com on Apprentice Systems' behalf. Apprentice Systems may provide information, including Personal Information, that Apprentice Systems collects on the Web to third-party service providers to help us deliver programs, products, information, and services. Service providers are also an important means by which Apprentice Systems maintains its Web site and mailing lists. Apprentice Systems will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on Apprentice Systems' behalf.

Apprentice Systems does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Apprentice Systems' behalf unless such transfer is legally required. Similarly, it is against Apprentice Systems' policy to sell Personal Information collected online without consent.

Children's Privacy

ApprenticeSystems.com is not structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age.

Commitment

We are committed to privacy and, through our membership in the Online Privacy Alliance, are actively involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and Apprentice Systems' Web sites are constantly evolving to meet these demands.

If you have any comments or questions regarding our Online Privacy Policy, please contact us at privacy@apprenticesystems.com. While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

privacy@apprenticesystems.com