apnTech’s TERMS OF SERVICE AGREEMENT
Effective Date: 2/13/2023
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE INCLUDING A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL & CLASS ACTION.
IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Approved Providers Network, LLC dba APN, Apntech and Voice Search Registration, a California limited liability company and its affiliates, authorized third parties and subsidiaries, (collectively “APN”, “we”, “us”, “our”, or “Company”) and governs the use of this website, (“Website”) or other Company products and services (collectively, the “Services”) by users of the Services (“you” or “your” ).
Our Services include verification of accurate business information to optimize business listings, directories, maps and other apps for voice recognition search capabilities. Our Services may include search optimization with listings, rankings and/or reviews. We may also offer you additional products or services to help reach your optimization goals. We may charge a fee for Services. If you have purchased Services, additional account information can be found in our Billing Terms.
When you sign up for the Services you are giving your prior expressed written consent for APN to contact you via autodialed, pre recorded calls, text messages and emails to the phone numbers and email addresses you provided. This is not a condition directly or indirectly of any type of purchase. As a best business practice, calls may be recorded.
Use of this Website and Services is subject to all applicable Federal, State and local laws and regulations. You are prohibited from using this Website or Service for any illegal purpose or for the transmission of any unlawful material or material that is abusive, harmful, harassing, libelous, racially or ethnically offensive, invasive of another’s privacy, obscene, threatening, vulgar, sexually explicit, tortious, defamatory, or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable person’s view objectionable; directly or indirectly interfere, or attempt to interfere with the proper working of this Website or Services, including system integrities or securities; interference of any account, or any communication or transaction being conducted on this Website or for Services; the use of any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission; take any action which imposes an unreasonable or excessively large load on our infrastructure; upload, post, transmit, submit, email or make available by any other means any data or content protected under any law or contractual relationship that you do not have the right to distribute; any conduct of fraud, representing yourself as someone else or hiding or attempt to hide your identity; and interference or attempt to interfere with the proper working of this Website and Services.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of APN.
At its discretion, APN may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
APN does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that APN shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such APN shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. We make no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials, Services included or associated with our Website including additional products offered. You expressly agree that your use of our Services is at your sole risk. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Services provided.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF APN SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. APN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) APN AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) APNSERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) APN SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE APN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF APN SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM APN OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE APN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT SUBSIDIARIES, SERVICE PROVIDERS, AFFILIATES, CO-BRANDERS, PARTNERS AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED THIRD PARTIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT APN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE OR WHO MAY CONTACT YOU AS A RESULT OF THE SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BY ACCESSING AND/OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE OUR WEBSITE OR SERVICES OR SUBMIT ANY INFORMATION ON THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
All parties agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that if your claims are under $1,000.00 you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
THIS AGREEMENT IS BINDING TO ARBITRATE ALL CLAIMS. 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.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
In arbitration proceedings there is no judge or jury, it is not as formal as a lawsuit in court and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in- person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through JAMS website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email.
With the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any legal disputes section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Orange, State of California.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
All users herein agree to indemnify and hold APN. our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, any errors or delays in providing the Services whether caused by errors in the registration information you provided or any technical problems in our system, the Website or your connection with these Services or Website, your violations of the Terms of Service and/or your violation of any such rights of another person.
COPYRIGHT & TRADEMARK NOTICE
Our Website and Services contain intellectual property owned by us and other parties. We are the sole owner of the Website and Services and all materials on or available through our Website and Services including without limitation, all applicable U.S. and non-U.S. copyrights, trademarks, patents, trade secrets, and other intellectual property rights thereto (collectively “Website” or “Services”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website or Services , content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Services content solely for your personal records, or non-commercial use provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Website or Services content unless you first obtain prior written consent from us. Any unauthorized attempt to modify our Website, Services or content, to overthrow or elude our security features, or to utilize our Website or Services for other than its intended purposes is strictly prohibited. You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to APN Website or Services.
PROPRIETARY RIGHTS & INTELLECTUAL PROPERTY
You do hereby acknowledge and agree that APN Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. APN Services databases, technology development, systems and applications, and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property rights related thereto (collectively, “APN IP”) are the property of APN, its affiliates, subsidiaries and its licensors, and APN, its affiliates, subsidiaries and licensors retain all right, title, and interest in and to the APN IP. Any use of the APN IP other than as specifically authorized herein is prohibited. All use of the APN IP is for the benefit of the APN, its affiliates, subsidiaries and licensors. All rights in the Company IP that are not expressly granted herein are reserved by Company, its affiliates, subsidiaries and licensors.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services are protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by APN or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on APN Services (e.g. Content or Software), in whole or part.
APN herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the Services on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Additionally, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by APN for use in accessing our Services.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
APN will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, APN may disable and/or terminate the Services of any user who violates this Agreement and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The APN Agent for notice of claims of copyright or other intellectual property infringement can be contacted at:
- Mailing Address: Approved Providers Network, LLC. Attn: Copyright Agent 5255 E Hunter Ave, Anaheim, CA 92807
- Telephone: ((800) 291-1577
- Email: Prosupport@apncare.com
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
APN shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our Website or Services. Therefore, you hereby grant and allow for APN, the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of APN Websites and Services (“Content”), the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our Website and Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of APN Services, and shall terminate at such time when you elect to discontinue your Services.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of APN Websites and Services, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our Website and Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of APN Services and shall terminate at such time when you elect to discontinue your Services.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of APN Website and Services, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas of APN Websites and Services are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
APN provides an opportunity for our users to contribute feedback to our Website or Services. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) APN shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) APN shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of APN and
e) APN is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for Contributions.
Any correspondence or business dealings with, or the participation in any promotions of, third parties, such as advertisements located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such third party. Moreover, you herein agree that APN shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such third parties on our Website.
THIRD PARTY LINKS
We. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that APN shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
When you sign up for our Services, you consent to receive communications from us electronically. Likewise, when you access, use or send email to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Terms of Service constitutes the entire agreement between you and APN and shall govern the use of our Services, superseding any prior version of this document between you and us with respect to APN Services. You may also be subject to additional terms and conditions that may apply when you use or purchase other APN Services, affiliate Services, third-party content or third-party software.
MODIFICATIONS TO WEBSITE, SERVICES, TERMS & POLICIES
APN shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Website or Services, or any part thereof.
For any comments or questions regarding this Agreement, please contact us at:
- Mailing Address: 5255 E Hunter Ave, Anaheim, CA 92807
- Telephone: (800) 291-1577
- Email: Prosupport@apncare.com
Effective Date: 2/16/2023
Information collected on this site will be used to register and verify your business listings in order to optimize your business search options through different voice search technology platforms and provide additional business offers to meet optimization goals. Approved Providers Network also provides technology and software to assist businesses in generating reviews and management of online directory listings. Businesses can also take advantage of Approved Providers Network merchant processing division. Approved Providers Network also provides website solutions. Approved Providers Network will be offering web 3.0 products for business owners to take advantage of privatizing and monetizing their data
Information We Collect
We collect several different types of information about you and your business for various purposes to provide and improve our Service for you.
Types of Information Collected
Our Website and Services may allow you to provide us with or collect Sensitive and/or Personally Identifiable Information (“PII”) and Non-Personal Identifiable Information (“NonPII”) about you or your business. This information will include:
Personally Identifiable Information We May Collect:
Sensitive Personal Information: If you express interest in and utilize certain business services, we will collect the following information directly from you:
- Government ID
- Social Security Number
- Login Credentials
- Business Payroll Ledgers
- Email address
- First name and last name
- Phone number
- Company name
- Company address
- Company Website
- Unique Identifier
Non-Personally Identifiable Information We Will Collect:
Demographic Information: This is information that we will collect directly from you upon submission of an inquiry form on this Website. If we can use this information along with other information you have provided to identify you, this is considered PII.
- Zip Code
- Personal and Online Interests
Behavioral Information: This is your device information we collect when you engage with this Website and its Services. If we can use this information along with other information you have provided to identify you, this is considered PII.
- Operating System Type
- Unique device identifiers
- IP Address
- Geographic Location
- Browser type
- Browser version
- Pages of the Website you visited
- Time and date of your visit
- Time spent on pages of Website
- Diagnostic data
Web Technology Information: This is information that may be PII and NonPII that we will collect directly from you if you submit an inquiry form on this Website.
- Page URL you visited
- Date and time of inquiry form submission
- Contact information inputted by user
- IP address of user
- Time on inquiry form
- Referring/Exit pages
Third Party Information: This is information we may obtain from third parties such as advertising networks, internet service providers, data analytics providers, operating systems, and social networks which may include PII and NonPII such as your personal, demographic and/or behavioral information. This information may also include:
- Search Engine Keyword Functions
- First Party Cookies
- Third Party Cookies
- Social Media Cookies
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service. This allows users to be recognized within our Website as you navigate and engage with webpages.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Tracking technologies also used are cross-device tracking, beacons, tags, and scripts to collect and track information and to improve and analyze our Service. We do not support “Do Not Track” signals. You can disable or enable Do Not Track from the settings page of your browser.
- Cross-Device Tracking. We may use your PII and NonPII for cross-device marketing. This will deliver advertising over your multiple devices specific to your interests and this information can also report and analyze specific campaign marketing.
- Web Beacons. This collects NonPII about your visit to our Website and/or may track the delivery and the effectiveness of communications we send to you. You may change this setup within your browser.
Using Information Collected
APN will use your PII and NonPII as described above for various purposes:
- Sensitive, personal, demographic, behavioral, web technology, third party and tracking/cookie information will be used to provide and maintain the Service, including any user account setup and maintenance this is required for a business purpose.
- Sensitive, personal, demographic, behavioral, web technology, third party and tracking/cookie information will be used to notify you about changes to our Service or provide additional offers via phone, text or email for business and commercial purposes.
- Sensitive, personal, demographic, behavioral, web technology, third party and tracking/cookie information will be used to allow you to participate in interactive features of our Service when you choose to do so for a business purpose.
- Sensitive, personal, demographic, behavioral, and web technology information will be used To provide customer care and support for business purposes.
- Demographic, behavioral, web technology, third party and tracking/cookie information will be used to gather and analyze information so that we can improve the Service for business purposes.
- Behavioral, web technology, third party and tracking/cookie information will be used to monitor the usage of the Service for a business purpose.
- Personal and demographic information will be used To contact you via SMS, Telephone or Email for business and commercial purposes.
- Web technology and tracking/cookie information will be used to detect, prevent and address technical issues with the Website or Services for a business purpose.
- Sensitive, personal, demographic, behavioral and web technology information will be used To process Opt-Out requests or Cancellation of Services for business purposes.
Sharing Information Collected
APN will share your PII and NonPII with the following parties for the purposes described below:
Authorized Third Party Service Providers. APN may disclose your PII and NonPII to authorized third party service providers under contract with us to only perform necessary services for this Website and Service on our behalf and are obligated not to disclose or use it for any other purpose. This information includes your sensitive/personal information; demographic information, behavioral information, web technology information and third party information as described above and will be used for the following in order to provide this service:
- Website and CRM maintained, design, improvements and monitoring
- User account setup for Services
- Communication services such as phone calls, text messaging and email
- Payment processing- we do not collect or store payment details. You will provide your information directly to the authorized third party payment processor. All payments processors are required to adhere to PCI-DSS standards.
- Processing and monitoring account cancellation and Opt-Out requests
- Processing and management of business directory listings, reviews and ranking activity
- Website activity analytics and reporting
- Customer service and surveys
- Marketing services
- Other technical or administrative functions
- Data storage and security
Partner Network/Vendors. If you choose to purchase certain Services and have expressed interest in other business service opportunities, APN may sell and share your PII and NonPII to our partner network or vendors. This information includes your sensitive/personal information; demographic information, behavioral information, web technology information and third-party information as described above. This is necessary to perform Services requested and is used for the following:
- To contact you regarding the business product or service you expressed interest in
Legal Requirements. APN may disclose your PII and NonPII to third parties including your sensitive/personal information; demographic information, behavioral information, web technology information and third party information as described above, as required by law, in the good faith belief that such action is necessary:
- To comply with a legal obligation, legal request or law enforcement request
- To protect and defend the rights or property of APN
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect legal rights of users of the Website, Authorized Service Providers and affiliates
- For acquisition or merger efforts, consolidation or insolvency proceedings
We may also share aggregated anonymous (unidentifiable) information about your activity with the Website and Services combined with other users of this Website and Services with third parties to analyze user activities for us and our authorized third party service providers.
APN is a third-party company that assists service providers and other companies in obtaining voice search recognition. We work with different voice platforms such as Alexa, Siri and Google Home, however; APN is not affiliated with Alexa, Siri, or Google Home. Further, APN does not have control over ranking results or individuals who may contact you as a result of voice searches.
Canceling Account or Opting-Out
To opt-out of our email communications you can unsubscribe by clicking the unsubscribe link at the bottom of the email. We will communicate with you via text as part of our Services, as such you may also receive up to 20 text messages per month. Data and message rates may apply. To opt-out of text communications, you may text STOP, QUIT, END, CANCEL or UNSUBSCRIBE to STOP at any time. A confirmation of successfully unsubscribing to messaging will be sent via text. Text HELP for HELP or for additional assistance email ProSupport@apncare.com.
Editing and Requesting Your Information
Transfer Of Data
Storage, Security & Data Retention
We require that all authorized third party service providers are under contract to handle user information under secure and confidential means including the return or destruction of any user information provided once services are completed or terminated.
No method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
If your account, information or password have been compromised, please email us immediately at ProSupport@apncare.com.
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with PII, please contact us at ProSupport@apncare.com. If we become aware that we have collected PII from children we will take steps to immediately remove that information from our servers.
- By Email: ProSupport@apncare.com
- By phone number: 800-291-1577