Commonly Used Terms
ACCESSING THE WEBSITE
AAP reserves, in its sole discretion, the right to limit, interrupt, suspend, discontinue or amend access to some parts of the Website, or the entire Website, without notice. AAP will not be liable if for any reason the Website is unavailable at any time or for any period.
AAP may change the content of the Website at any time. Any of the material on the Website may be out of date at any given time, and AAP is under no obligation to update such material.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on the Website.
RESTRICTIONS ON USE
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted, uploaded or displayed by you or other users on or through the Website (“User Content”) is the sole responsibility of the person from whom such content originated (i.e., whether you or such other users). You acknowledge that you are solely responsible for your access to, use of and/or reliance on any User Content. AAP is not responsible for, and makes no representations or warranties with respect to, any User Content. AAP does not endorse any opinions expressed in User Content or otherwise expressed by users of the Website. You are also responsible for any User Content that you post or transmit and, if you create an account, you are responsible for all User Content posted or transmitted through or by use of your account.
You hereby grant AAP a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to display, perform, reproduce, adapt, distribute, publish and otherwise use any User Content that you submit, post, upload, or display on or through the Website. You represent and warrant that you own or otherwise control all of the rights (including, but not limited to Intellectual Property Rights as defined below) in and to any such User Content, and you shall indemnify and hold AAP and its affiliates harmless from and against all losses, claims, costs, damages, fines and expenses (including attorneys’ fees and related costs incurred by AAP) that they may incur or suffer as a result of any breach of this representation and warranty.
You agree to indemnify and hold AAP and its affiliates harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to the Website (including attorneys’ fees and related costs incurred by AAP).
INTELLECTUAL PROPERTY RIGHTS
Except with respect to User Content, all present and future rights in and to trade secrets, patents, copyrights, database rights, trade marks, service marks, know-how, and other proprietary rights of any type including, but not limited to, applications and registrations under the laws of any governmental authority, domestic or foreign (the “Intellectual Property Rights”), relating to the Website (including but not limited to text, content, photographs, video, audio, graphics, and goods posted by AAP or its licensors on or with respect to the Website) shall at all times be and remain the sole and exclusive property of AAP and/or its licensors, as applicable.
You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website.
YOUR ACCESS TO, USE OF AND RELIANCE ON THE WEBSITE AND CONTENT ACCESSED ON OR THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
AAP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY
AAP shall under no circumstances be liable for any access to, use of or reliance on the Website or content accessed on or through the Website by you or any third party, including, but not limited to, liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or any third party (including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary, or punitive damages, even if AAP has been advised of the possibility of such damages). This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss, or damages arose from authorized or unauthorized access to or use of the Website or content accessed through the Website; any inability to access or use the Website or content accessed through the Website; or any removal, deletion, limitation, modification, interruption, suspension, discontinuance, or termination of the Website or content accessed through the Website.
These limitations shall also apply with respect to damages resulting from content or content accessed through the Website, including without limitation, any links on the Website and links in content accessed through the Website.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
VIRUSES, HACKING AND OTHER OFFENSES
You shall not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material or code that is malicious or technologically harmful. You shall not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You shall not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
AAP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to or as a direct or indirect result of your use of the Website or your downloading of any material posted on it (or on any website linked to it).
You hereby agree not to engage in any of the following conduct:
1. Collecting users' content or information, or otherwise accessing the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without AAP’s permission;
2. Soliciting login information or accessing an account belonging to someone else;
3. Posting content that is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
4. Impersonating any person or entity, including, but not limited to, an AAP employee or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
5. Using the Website to do anything unlawful, misleading, malicious, or discriminatory.
REGISTRATION AND ACCOUNT SECURITY
You will not provide any false personal information on the Website, or create an account for anyone other than yourself without the permission of AAP. If AAP disables your account, you will not create another one without AAP’s permission. You will keep your contact information accurate and up-to-date. If you select a username for your account, AAP reserves the right to remove or reclaim it.
LINKS FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. AAP does not review, monitor, endorse, nor make any representations or warranties regarding the content or accuracy of any third party websites linked to this Website. AAP has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your access to any website that links to this Website is at your sole risk.
JURISDICTION AND APPLICABLE LAW
NO THIRD PARTY BENEFICIARIES