Community Terms Of Use

Updated as of January 10, 2013

TABLE OF CONTENTS
  1. INTRODUCTION
  2. ACCEPTANCE OF TERMS
  3. ADDITIONAL TERMS
  4. DESCRIPTION OF SITE AND REGISTRATION AND POSTING REQUIREMENTS
  5. POSTING TO THE COMMUNITY
  6. RULES OF CONDUCT
  7. REGISTRATION, PROFILE CREATION
  8. MODIFICATIONS TO TERMS
  9. SITE AVAILABILITY, DISCONTINUANCE, APPEARANCE & FUNCTIONALITY
  10. SITE USAGE
  11. MONITORING
  12. REPORTING ABUSE & INVESTIGATION
  13. AEP INTELLECTUAL PROPERTY
  14. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN EXPRESS PUBLISHING REGARDING ALLEGED COPYRIGHT INFRINGEMENT
  15. USE OF "COOKIE" FILE FEATURES
  16. UNSOLICITED FEEDBACK & SUBMISSIONS
  17. USE OF POSTINGS & FEEDBACK; LICENSE GRANT
  18. OPTION TO PURCHASE FEEDBACK
  19. HYPERLINKING TO THIRD PARTY SITES AND CONTENT, RSS FEEDS AND FRAMING
  20. DISCLAIMERS, NO WARRANTIES
  21. LIMITATION OF LIABILITY FOR USE OF THE COMMUNITY AND LINKED SITES
  22. LIMITATIONS
  23. INDEMNIFICATION
  24. LOCAL REGULATIONS
  25. APPLICABLE LAWS, JURISDICTION & ARBITRATION
  26. SEVERABILITY & WAIVER
  27. SECTION TITLES
  1. INTRODUCTION

    Welcome to our community! The following terms and conditions of use ("Terms") apply to and govern your access to and use of this American Express Publishing ("our", "we", "us" or "AEP") online community website, and any content, communications, tools, or services available on or through this website community (collectively, the "Community"). PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO ACCESS OR IN ANY WAY USE THE COMMUNITY. THESE TERMS APPLY TO ALL USERS OF THIS SITE REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED AS A COMMUNITY MEMBER. Return to Top

  2. ACCEPTANCE OF TERMS

    By clicking the "I AGREE" button provided or by otherwise accessing or using any portion of the Community, YOU UNCONDITIONALLY AGREE TO BE LEGALLY BOUND TO THESE TERMS AS THEY ARE IN EFFECT AT THE TIME OF YOUR USE. If you do not agree to be legally bound by any of these Terms DO NOT access or use the Community. If now or in the future you object to or seek to change any of these Terms or any subsequent modifications of these Terms or you otherwise become dissatisfied with the Community in any way, your only recourse is to immediately discontinue use of the Community. You acknowledge these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge such consideration includes your use of the Community, the possibility of our use or display of your Postings (defined below) and the possibility of the publicity and promotion from our use or display of your Profile (defined below) and/or Postings.Return to Top

  3. ADDITIONAL TERMS

    In addition to these Terms, all use of the Community is subject to the American Express Publishing Website Terms and Conditions and other additional terms posted in connection with other applicable products, services, features, contests, sweepstakes or activities made available through or in connection with the Community. The Website Terms and Conditions and such additional terms are in addition to these Terms, and in the event of a conflict, these Terms shall be construed to prevail. All use of the Community is also subject to the American Express Publishing Internet Privacy Statement. The Internet Privacy Statement is also in addition to these Terms, but in the event of a conflict, shall be construed to prevail over these Terms.Return to Top

  4. DESCRIPTION OF SITE AND REGISTRATION AND POSTING REQUIREMENTS

    The Community is an online community designed to give registered Community users the ability to upload Postings (defined below) to the Community that are relevant to the topics and materials displayed on this website. You must register to access “Members only” sections, tools and features on the Community and to enable you to be upload Postings. Portions of the Community will be available for viewing to all non-registered users of the Community regardless of registration status. To register, you must (a) be at least 18 years old and (b) have the legal authority and capacity to legally bind yourself to these Terms. By registering and using the Community, you signify you meet all of the foregoing criteria. You are solely responsible for your conduct and the contents of your Postings) and your uploading of Postings is subject to the Rules of Conduct below.Return to Top

  5. POSTING TO THE COMMUNITY

    We encourage your full participation in the Community and welcome you to post, generate, contribute, upload, provide, or submit any text or photographic (excluding video) content , profile information, communications and/or materials on, to and through the Community so long as they comply with these Terms, including without limitation the Posting Requirements and Rules of Conduct contained herein (any such content and/or material posted/uploaded or submitted on or through the Community, including, without limitation, profile information are referred to herein as a "Post" or "Posting"). Anything you upload to the Community, including without limitation Feedback (defined below), is freely available for our use as provided herein. No element of your Posts you communicate to us may or will be subject to any obligation, of confidence or otherwise, to you or any other person and AEP WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF SUCH POSTS. Return to Top

  6. RULES OF CONDUCT

    Whether through or in connection with the Community, you must not post/upload, process, transmit, distribute, communicate, publish, make available, store content or otherwise use the Community for anything that is or may be in our sole determination:

    1. abusive, violent, threatening, harassing, degrading, hateful, stalking, intimidating (even if masked), defamatory or otherwise violating the legal rights of others;
    2. obscene, indecent, sexually graphic, pornographic, racially or ethnically objectionable, or otherwise objectionable;
    3. exploitive to, harmful to, or otherwise inappropriate for children;
    4. fraudulent, tortious or otherwise unlawful or giving rise to criminal or civil liability;
    5. encouraging others to conduct activity that constitutes a criminal offense, or that encourages or provides instructional information about illegal activities;
    6. violating or infringing any rights of AEP or third parties (including, but limited to, copyright, trademark, rights of privacy or publicity, or any other proprietary right) or defamatory, slanderous or libelous;
    7. non-public or sensitive information about a company or a company’s employees without the proper authorization to do so;
    8. impersonating or “spoofing” any person or entity, including, but not limited to, any AEP representative;
    9. falsely stating or otherwise misrepresenting your affiliation with any person or entity; or expressing or implying that AEP endorses any statement you make without our prior written consent;
    10. harvesting or collecting personally identifiable information about other users or companies using the Community or creating a database by systematically downloading and storing content from the Community;
    11. using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any of the Community;
    12. a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or is otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
    13. imposing an unreasonable or disproportionately large load on the Community;
    14. interfering with or disrupting the operation of the Community, or the servers or networks that provide the Community;
    15. interfering with, restricting, or otherwise inhibiting any other user from using the Community, including by means of defacing any portion of the Community;
    16. hacking, cracking, “phreaking” or any other activity to circumvent established Internet security measures on the Community or elsewhere;
    17. disrupting the normal flow of communication and dialogue on the Community, causing a screen to scroll faster than other users are able to type, or otherwise acting in any way which adversely affects the ability of other users to engage in real time activities on the Community;
    18. unsolicited or unauthorized advertising, promotional materials, repeated postings/uploads, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of bulk solicitation;
    19. advertising (e.g. offering for sale products or services), soliciting or offering to sell any goods or services unrelated to your company’s business; and/or
    20. disobeying any requirements, procedures, policies or regulations established from time to time regarding use of the Community or any networks connected to the Community.
    21. Additional Posting Rules:

    22. Photograph Postings cannot depict more than three (3) identifiable people (“Identifiable People”) and if there are any Identifiable People in a Posting, other than yourself, you have received permission from the Identifiable People to upload the Posting to the Community and to grant the rights granted to AEP granted herein (and if requested from AEP, you will provide evidence of this permission);
    23. Photograph Postings cannot depict a person who is under the age of 18 (or deemed a minor as determined by the laws of the state in which s/he resides, in each case a "Minor"), unless you are the parent or legal guardian of that Minor;
    24. You have received permission from anyone involved in the creation of your Posting(s) (“Third Party Participants”) to submit the Posting(s) for uploading to the Community and to grant the rights granted to AEP herein (and if requested from AEP, you will provide evidence of this permission); d. Postings may not include any music or works of art;
    25. Photograph Postings must be uploaded in one of the following formats: JPEG, PNG or GIF (excluding progressive JPGS or animated GIFS) with a 100MB limit per photo;
    26. Postings can not contain any trademarks, logos or recognizable brand name, personally identifiable information (such as phone numbers or addresses), or url addresses; and g. Once a Posting is received it cannot be modified or edited (i.e., if you wish to modify or edit a previously-submitted Posting, you must submit a new Posting);
    Failure to comply with these Rules of Conduct may result in a suspension, revocation or termination of your access to the Community and/or posting/uploading privileges and may require us to report you to the proper law enforcement authorities in our sole discretion with or without notice. We may also in our sole discretion remove any material posted to the Community we find to be in violation of these Rules of Conduct. Our decisions are final. Return to Top

  7. REGISTRATION, PROFILE CREATION

    During the registration process and from time to time when using the Community you may be asked to provide profile and contact information about yourself. You warrant and represent that all information you provide us and/or Postings will be authorized, correct, current, and complete. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice or image. If we have reason to suspect that any such information you provided is not authorized, correct, current, or complete, we may among other remedial options refuse you access to the Community or any of its resources without notice.Return to Top

  8. MODIFICATIONS TO TERMS

    With or without notice to you, we reserve the right to and may in our sole discretion change or supplement these Terms. Your continued use of the Community constitutes an affirmative acknowledgment and irrevocable acceptance to abide and be bound by these Terms as currently posted and/or modified. Please bookmark and/or visit this page regularly to keep up to date with the current Terms governing your use and access of the Community. You are responsible for regularly reviewing these Terms. The last date these Terms were updated will be posted at the beginning and/or the end of these Terms. We may add at anytime in our sole discretion additional features to the Community of which are subject to additional terms and conditions. You should read any such additional terms carefully before using such features. Any such additional terms will not vary or replace these Terms unless otherwise expressly stated. Any modification to these Terms of Use will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter. If you do not agree with the modified Terms of Use you must cease using the Community.Return to Top

  9. SITE AVAILABILITY, DISCONTINUANCE, APPEARANCE, & FUNCTIONALITY

    American Express is making the Community available to you “as is”. We reserve the right to discontinue the Community, or otherwise supplement, change, or modify its appearance and/or any features or functions of the Community, in any way, in whole or in part at anytime for any purpose without notice. WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO.

    You (and not AEP) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Community, and paying all charges related thereto.Return to Top

  10. SITE USAGE

    Your access to and use of the Community is subject to all applicable federal, state and local laws and regulations. To the extent your access and use of the Community complies with all such applicable laws and these Terms, AEP grants you the revocable, non-transferable, non-sublicensable right to access and use the Community’s features, and all information, materials, functions and content available on the Community, and to participate in the Community as available in accordance with these Terms and any instructions on the Community itself. Except as otherwise expressly permitted by AEP, you may not (1) reproduce, duplicate, download, post, display, publish, re-license, transmit, copy, sell, resell, or exploit for any commercial purposes, any portion of, use of, or access to the Community except as provided within the Community and these Terms, or (2) modify, create derivative works of, adapt, translate, reverse engineer, decompile, or disassemble any portion of any software available for download through the Community. Return to Top

  11. MONITORING

    We strive to provide an enjoyable online experience for our Community Members and general visitors, so we may from time to time monitor, or have monitored by a third party, Postings on, to or through the Community to foster compliance with these Terms and our operating procedures or to satisfy any law, regulation or government request, but we are not obligated to do so and will not be liable for any Third Party or user generated content on the Community. All users, including you, hereby specifically agree to all such monitoring. We do not make any warranties or guarantees (i) the Community will be monitored for accuracy or unacceptable use (ii) apparent statements of fact will be authenticated, or (iii) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with these Terms. We have the right in our sole discretion to refuse to post or remove any material submitted to or posted on the Community. Without limiting the foregoing, we have the right, in our sole discretion, at any time and for any reason to remove any material posted anywhere on the Community.Return to Top

  12. REPORTING ABUSE & INVESTIGATION

    If you see a Posting that violates these Terms please report it to us by sending an email (with a detailed description of the offensive/abusive Posting and its location within the Community) to community@aexp.com. AEP reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any Postings made to or communications made through the Community. AEP may seek to gather information from you if you are suspected of violating these Terms, and from any other user. AEP may suspend your access if your conduct or Postings are under investigation, and we may remove such material from the Community as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may modify or request you to modify any submission, Posting or e-mails, remove the material permanently, cancel any Postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action we deem appropriate. Consistent with our Internet Privacy Statement linked above, we may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request. BY ACCEPTING THESE TERMS YOU WAIVE AND AGREE TO HOLD HARMLESS AEP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AEP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AEP OR LAW ENFORCEMENT AUTHORITIES.Return to Top

  13. AEP INTELLECTUAL PROPERTY

    You may not remove any copyright, trademark, or other proprietary rights notice, any sponsorship banners, promotional materials displayed on the Community. Any person who has been found to violate third party intellectual property rights or other rights may, in our sole discretion, be barred from submitting or posting/uploading any further material on the Community.

    The service marks, trademarks, trade names, logos, or other identifying marks ("Marks") displayed on the Community are the property of AEP or others who have licensed the use of their Marks to us. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of AEP or such third party. Posting of Marks or names in accordance with these Terms shall not be deemed to violate this section.

    All information and content including any software programs available on or through the Community are protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any such content available on or through the Community for commercial or public purposes except as we specifically agree in writing.Return to Top

  14. DIGITAL MILLENNIUM COPYRIGHT ACT – NOTIFICATION TO AEP REGARDING ALLEGED COPYRIGHT INFRINGEMENT

    AEP respects the intellectual property rights of others and asks all users of the Community to do the same. In the event you suspect content has been posted to the Community which may infringe your copyright(s), please consult the AEP Publishing Website Terms and Conditions for instructions on how to notify us. Return to Top

  15. USE OF "COOKIE" FILE FEATURES

    AEP reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Community to reflect Users' preferences. Our Internet Privacy Statement linked above provides additional information regarding our use of cookies.Return to Top

  16. UNSOLICITED FEEDBACK & SUBMISSIONS

    Unless we directly solicit it, AEP does NOT accept feedback or submissions related to any portion of its past, current or future business practices, services or products including without limitation concepts, creative ideas, product service or advertising concepts, business models, inventions, designs, code changes, applications, methods, improvements, programs, works of authorship or other potential content sent directly to AEP or posted on or through the Community by you (“Feedback”). This is to avoid the possibility of future misunderstanding or conflicts that may arise based on projects developed by or at our behest, including, without limitation, new features to the Community or our services that might seem similar or somehow related to your Posts or Feedback. Therefore, please do not post or otherwise send to AEP any unsolicited Feedback unless we specifically ask you for it. No element of your Feedback you communicate to us may or will be subject to any obligation, of confidence or otherwise, to you or any other person and AEP WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF FEEDBACK. Where we have specifically requested your Feedback additional terms may apply as provided below. Please carefully read these additional terms before providing such Feedback.Return to Top

  17. USE OF POSTINGS & FEEDBACK; LICENSE GRANT

    You may retain any and all applicable copyright, patent and other intellectual property ownership rights with respect to any Post/Protectable Invention you submit using the Community to the extent you have such rights under applicable law. “Protectable Inventions” is defined to mean any concepts, creative ideas, product service or business models, inventions, designs, software, procedures, applications, methods, improvements, programs, or other content sent directly to AEP or Posted on or through this Community by you, that are proper subject matter under any applicable patent laws, such as the Patent Laws of the United States, 35 U.S.C. et. seq. or those of other applicable countries. You can learn about Protectable Inventions, whether the information you plan to Post is protectable and how you can protect it by contacting a qualified patent attorney, and reviewing resources at the applicable patent office websites, for example, the United States Patent and Trademark Office website: www.USPTO.gov. AEP is not required to use any Postings or Feedback you provide, but it may do so at its sole discretion as provided herein. You therefore hereby grant us a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable right in and to such Postings and Feedback including, without limitation, all related copyright, patent, trademark, trade secret or other intellectual property rights, together with all consents (if any) to enable the unrestricted use, display, indexing, commenting upon, reproduction, distribution, modification, creation and/or use of derivative works related to said Postings and Feedback, publication and/or other use, performance of or other exploitation of your Postings and Feedback for any purpose commercial or otherwise by AEP and/or by any person authorized by AEP, by any means within the Community and in all media formats and channels now known or hereafter devised, in whole or in part, without notice and without obligation, remuneration, payment or other reference or attribution to you or any other person, and to advertise and promote such use and exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity. b. You acknowledge and agree you are receiving good and valuable consideration, the adequacy of which you hereby recognize as satisfactory and complete, for any additional license of the Postings and/or Feedback from AEP hereunder, including the right to use the Community and the resources herein, and that while AEP may choose to do so if it so chooses, you will not be entitled to any attribution, payment or other remuneration in connection with such license. c. In the event AEP seeks to use Postings and/or Feedback, you hereby waive any claims to any proprietary or intellectual property rights arising in or from such Postings and/or Feedback. To the maximum extent permitted by applicable law, you waive all moral rights, rights of attribution, rights of privacy and publicity in the Postings and Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. d. You represent and warrant all such Postings and Feedback provided by you are original, non-infringing and not owned, encumbered, originated from or otherwise controlled by a third party. e. The rights of AEP hereunder are fully transferable without notice or consent. f. Without limiting the foregoing, AEP may in its sole discretion reference or use your Postings and/or Feedback in any or all solicitations, promotions or advertising (and/or otherwise) in any medium now known or hereafter invented without remuneration, obligation or attribution to you.Return to Top

  18. OPTION TO PURCHASE FEEDBACK

    Whether solicited or not, American Express has the exclusive option to purchase from you and acquire all right, title and interest in and to all Feedback, including all intellectual property rights arising therefrom that are or have been created, developed, submitted, posted or suggested by you alone or in collaboration with others. We may exercise the option from the date you submit the Feedback until 18 months from the date of such submission. If we exercise the option, you agree to accept payment in an amount up to $1000 (USD) or value in kind at our sole discretion. Any such assignment associated with the exercise of this option will include all goodwill associated with the Feedback and rights of enforcement, past, present and future (e.g. the right to sue, seek royalties) related to same as well as the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright or other intellectual property registrations for the Feedback, even if these Terms are later modified or terminated. You represent and warrant you are entitled to take all necessary actions under these Terms, and that AEP will obtain clear title to and ownership of the Feedback if it chooses to exercise its right to assume ownership of the Feedback hereunder. To the extent AEP seeks to exercise the above option, you will agree to take, at AEP’s sole expense, all steps AEP reasonably requests to transfer, perfect and/or defend AEP’s ownership, in the Feedback, as modified, and any derivative works or modifications arising from said Feedback. To the extent you are unavailable, for any reason, to enter into any document and/or do any act AEP may consider appropriate to confirm the grant and assignment, consent and waiver set forth herein, you hereby appoint AEP as your agent with full power to do so.Return to Top

  19. HYPERLINKING TO THIRD PARTY SITES AND CONTENT, RSS FEEDS AND FRAMING

    We may provide third party advertisements and/or links or feeds to third party web sites or content, by allowing you to, through a banner ad or other hyperlink, leave the Community to access third-party material or by, among other things, bringing the third-party material into the Community via a “RSS Feed”, "inverse" hyperlinks and/or framing technology (a "Linked Site"). AEP has no discretion to alter, update, or control the content on a Linked Site. The fact that AEP has provided a link to a site or third party material on the Community is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on the Community or a Linked Site. We do not permit framing or mirroring any part of the Community without our prior written authorization. We do, however, permit users to add hypertext links to the Community within their Posts provided the content of such Linked Site complies with these Terms. We, however, reserve the right, but are not obligated, to disable and remove any such links and specifically disclaim any responsibility for the content available on any other internet sites linked to the Community. AEP prohibits the framing of any content available through the Community. Access to any other internet sites linked to the Community is at your own risk. Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that differ from the provisions provided on the Community. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PROVISIONS OR ANY LINKED SITES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO SUCH THIRD PARTY PROVISIONS AND LINKED SITES. Return to Top

  20. DISCLAIMERS, NO WARRANTIES

    Opinions and views expressed in the content and materials posted to the Community, whether by third party bloggers, third party content providers and other users of the Community (e.g. blogs, bulletin boards, chat rooms, community pages, or any other communication forums allowing users to post public facing comment or communicate with another on the site) do not necessarily reflect those of AEP. AEP is not responsible for the accuracy, relevance, legality, decency or reliability of same. ANY USE OF THE COMMUNITY AND RELIANCE ON ANY INFORMATION PROVIDED ON THE COMMUNITY WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY PROVIDED HEREIN. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE COMMUNITY, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE COMMUNITY OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AEP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. AEP DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE COMMUNITY IS COMPLETE OR UP-TO-DATE. AEP MAY, BUT IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE COMMUNITY. AEP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY, RELEVANCE, LEGALITY, DECENCY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE COMMUNITY OR A LINKED SITE, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM OR THROUGH THE COMMUNITY OR A LINKED SITE. WHEN YOU ACCESS THE COMMUNITY OR ANY LINKED SITES, YOU DO SO AT YOUR OWN RISK. WE TAKE NO RESPONSIBILITY FOR THIRD PARTY CONTENT, POSTINGS OR ADVERTISEMENTS WHICH ARE OR MAY BE POSTED ON THE COMMUNITY OR A LINKED SITE. Return to Top

  21. LIMITATION OF LIABILITY FOR USE OF THE COMMUNITY AND LINKED SITES

    YOU AGREE THAT AEP, ITS PARENT COMPANY, AGENCIES AND AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMMUNITY OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE COMMUNITY OR A LINKED SITE, EVEN IF AEP IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. AEP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE COMMUNITY. OTHER THAN AS REQUIRED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL AEP OR ITS PARENT COMPANY, AGENCIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE COMMUNITY OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THECOMMUNITY OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE COMMUNITY OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFF LINE, OF YOU OR ANY OTHER USER IN CONNECTION WITH THE COMMUNITY OR A LINKED SITE. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. Return to Top

  22. LIMITATIONS

    YOU AND AEP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Return to Top

  23. INDEMNIFICATION

    You are responsible for maintaining the confidentiality of your username(s), password(s), and your account, as well as all activities that occur under your account(s). You agree to indemnify and hold AEP, its agencies and their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Community, the violation of these Terms by you, or the infringement by you, or other user of the Community using your computer or registered account, of any intellectual property or other right of any person or entity. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you. Return to Top

  24. LOCAL REGULATIONS

    The Community is intended for viewing solely in the United States. AEP makes no representation that materials or other content on the Community are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Community from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. Return to Top

  25. APPLICABLE LAWS & JURISDICTION & ARBITRATION

    These Terms are governed by, construed and enforced in accordance with the laws of the State of New York, excluding its conflict of law provisions, as they are applied to agreements entered into and to be performed entirely within New York. You agree any cause of action brought to enforce these Terms or, in connection with any matters related to the Community shall be brought only in the applicable State or Federal Courts located in New York, New York, and you expressly consent to the jurisdiction of said courts. Except with respect to any claims in which AEP seeks immediate, injunctive relief (which may be brought in any court of competent jurisdiction), any dispute arising out of or related to these Terms will be subject to arbitration as set forth below: a. The parties agree that any and all disputes, claims or controversies arising out of or related to these Terms, including any claims under any statute or regulation (“Disputes”), will be submitted for binding arbitration. Unless the parties agree otherwise, any arbitration will take place in the State of New York, New York County, and will be administered by, and pursuant to the Commercial Arbitration Rules and Mediation Procedures of, the American Arbitration Association ("AAA"). b. Disputes will be arbitrated on an individual basis. There will be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between you and AEP alone, and is subject to the limitations of liability set forth in these Terms. Furthermore, Disputes brought by you may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by AEP. No arbitration award or decision on any Disputes will be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph b. be deemed unenforceable, then the last four paragraphs of this “Applicable Laws, Jurisdiction & Arbitration” Section of the Terms will be stricken from these Terms. c. This arbitration provision may be enforced in a court of competent jurisdiction and the party seeking enforcement will be entitled to an award of all costs, fees and expenses (including attorney fees) incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered. Subject to applicable Commercial Arbitration Rules and Mediation Procedures, all mediators and/or arbitrators appointed under the provisions of this arbitration provision will be neutral third parties appointed by the AAA. Return to Top

  26. SEVERABILITY AND WAIVER

    If any provision(s) of these Terms are held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision(s) shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable section, shall not affect the validity or enforceability of any remaining provisions herein. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Return to Top

  27. Section Titles

    The section titles set forth in these Terms are solely used for your convenience and have no legal or contractual significance. Except as otherwise set forth herein, this is the entire agreement between you and AEP relating to the Community. Return to Top

Updated as of January 10, 2013