Terms of Use

Last modified: 10 October  2024

Welcome to the “Approach Guides” service (“Service”). This Service is owned and operated by Approach Guides, LLC (collectively, “Approach Guides,” “we,” “us,” or “our”).

BY USING OUR SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE (“AGREEMENT”). WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.

This Agreement is not intended to alter the terms or conditions of any client agreement you may have with Approach Guides, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your client agreement will prevail.

PERMITTED USE OF THE SERVICE

You may use the Service and the information, writings, images and/or other works that you see, hear or otherwise experience as part of the Service (singly or collectively, the “Content”, “Approach Guides Embed”, “Co-branded Website” or “Content Experience”) solely in compliance with this Agreement.

DEFINITIONS

“Approach Guides Code”, “Co-branded Website” or “Approach Guides Embed” means certain JavaScript code, CSS, software development kits (SDKs) or other code provided by Approach Guides for deployment on Client Properties.

“Partner Properties” or “Client Properties” means websites, apps or other offerings owned and operated by (or for the benefit of) partners or clients of Approach Guides through which Services are delivered.

“Content Experience” means an assemblage of conversion-optimized multimedia content showcasing travel destinations, products, services and promotions.

“Destination Content” means a library of multimedia resources curated by Approach Guides for specific destinations throughout the world. The sources may include some or all of the following: books, articles, academic whitepapers, images, websites, films, maps, music, podcasts, social media posts and videos.

“Intellectual Property” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Service” or “Services” means Approach Guides’ proprietary software-as-a-service solution(s), powered by the Approach Guides technology, landing pages, Approach Guides application programming interfaces (APIs) and Approach Guides Code.

PROHIBITED USE OF THE SERVICE

By accessing and using the Service, you agree that you will not:

• Use the Service in violation of this Agreement;
• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or any portion thereof, nor will you otherwise attempt to discover any source code, or permit or allow any third party to do any of the same;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security or other interest in, or otherwise transfer any right in, or make available to a third party, the Content or service in any way;
• Use or launch any automated system, including without limitation, “robots,” “spiders,” “scrapers,” “offline readers,” or other automated means that accesses the Service in a manner that sends more request messages to the Approach Guides servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
• Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Bypass any measures we may use to prevent or restrict access to the Service;
• Use the Service in any manner that damages, disables, overburdens, or impairs the Service or interferes with any other party’s use and enjoyment of the Service (such as misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals);
• Attempt to gain unauthorized access to the Service;
• Access the Service by any means other than through the interface that is provided by Approach Guides for use in accessing the Service;
• Run or display this Service or any information or material displayed on this Service in frames or through similar means on another website without our prior written permission; or
• You will not purchase ads that direct to the Service that could be considered as competing with Approach Guides’ or its Partners’ own advertising, including, but not limited to, branded keywords, without prior permission.

COPYRIGHT AND OWNERSHIP

All of the Content featured, displayed, and downloadable on the Service, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Approach Guides, its Partners, its Clients and/or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You may not modify any of the materials and you may not copy, reproduce, license, create derivative works from, transfer or sell any information or work contained on the Service, without Approach Guides’ prior written consent. Except as authorized under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service. The Service, its Content and all related rights shall remain the exclusive property of Approach Guides, its Partners or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.

TRADEMARKS

All trademarks, service marks and trade names of Approach Guides used herein (including but not limited to: the Approach Guides name, the Approach Guides corporate logo, the Approach Guides design, and the overall look and feel of the foregoing) (collectively “Marks”) are trademarks or registered trademarks of Approach Guides or its affiliates, partners, clients, vendors, agents or licensors (“Partners”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Service, without Approach Guides’ prior written consent. 

REGISTRATION

To access certain areas or features of this Service, you may be given the opportunity to register via an online registration form to create a user account (your “Account”) or asked to provide the Service with certain information about yourself. We maintain the privacy of your information as set forth in our Privacy Policy, located at https://www.approachguides.com/privacy. You are responsible for providing the Service with true and accurate information about yourself as requested. If you provide any information that is untrue or inaccurate, or which Approach Guides reasonably believes is untrue or inaccurate, Approach Guides reserves the right to suspend or terminate your use of this Service.

USER SUBMISSIONS

As a user of the Service, including its Embed, Content Experiences and Co-branded Website, you may submit textual content, photos, videos, images, audio files, other types of content and links to such content if allowed by the Service (collectively referred to as “User Submissions”).

Approach Guides does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Approach Guides’ professional staff seem to others to be similar to their own creative work. Accordingly, unless otherwise requested on this Service, Approach Guides requests that your comments relate to the services and products offered by Approach Guides and the Service, and that you not submit any creative ideas, suggestions, or materials.

In addition to all other prohibitions regarding your use of the Service included in this Agreement, with respect to all User Submissions submitted by you (including Content), and your interaction with our Service, you agree as follows:

• You can’t impersonate others or provide inaccurate information.
• You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can’t violate (or help or encourage others to violate) these Terms or our policies.
• You can’t do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect other users’ account information or passwords.
• You can’t post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, etc.). You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. If you want to report content on our Service that you think infringes your intellectual property rights, contact us at copyright@approachguides.com. 

When you upload User Submissions, or interact with our Service, as part of our Agreement, you also give us permissions that we need to provide the our services, as follows:

• We do not claim ownership of your Content, but you grant us and our Partners a license to use it. You hereby grant to us a non-exclusive, perpetual, royalty-free, transferable, sub-licensable, worldwide license to host, use, reproduce, distribute, adapt, publish, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content, and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. To learn more about how we use information, please view our Privacy Policy, located at https://www.approachguides.com/privacy. 
• Any such User Submissions are deemed non-confidential and Approach Guides shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
• You give us permission to use your information subject to our Privacy Policy, located at https://www.approachguides.com/privacy.

PRODUCTS, CONTENT AND SPECIFICATIONS

All features, Content, specifications, products and prices of products and services described or depicted on this Service are subject to change at any time without notice. The inclusion of any products or services on this Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased or downloaded from this Service. By using or downloading any Content from the Service, you represent that the Content will be used only in a lawful manner. 

ACCURACY OF INFORMATION

We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Service. For example, products included on this Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Service. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

THIRD PARTY LINKS

From time to time, this Service may contain links to websites that are not owned, operated or controlled by Approach Guides, its Partners or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Service. Neither we nor any of our respective Partners or affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Service, you do so entirely at your own risk.

INAPPROPRIATE MATERIAL

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Service or the Service or through voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Service. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your account, including your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

USER PUBLISHED CONTENT

User published Content (and, necessarily, User Submissions) do not represent the views of Approach Guides or any individual associated with Approach Guides, and we do not control the User published content (or Submissions). In no event shall users represent or suggest, directly or indirectly, Approach Guides’ endorsement of user published Content (or User Submissions). Approach Guides does not vouch for the accuracy or credibility of any user published Content (or User Submissions) on our Service, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content (or User Submissions) on our Service. Accordingly, through your use of the Service, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Service, you assume all associated risks, whether foreseeable or not.

FORCE MAJEURE

Neither Approach Guides nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license included herein; (iii) if necessary, you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness or, in any case, personal data, in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this Agreement; (v) you are not, and have not been an agent of Approach Guides and were not and are not acting on behalf of, or as a representative of, Approach Guides or any other party in connection with the User Submission; (vi) the User Submission and Approach Guides use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vii) you are not, nor is any other person who appears in your User Submission, a current member of SAG-AFTRA, IATSE or any other rights society; (viii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; and (ix) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Approach Guides or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

DISCLAIMERS

YOUR USE OF THIS SERVICE IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, RELATED GRAPHICS AND SERVICES PROVIDED ON OR THROUGH THIS SERVICE IS PROVIDED “AS IS,” AND APPROACH GUIDES AND ITS PARTNERS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICE OR THE CONTENT FOR ANY PURPOSE, NOR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SERVICE. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SERVICE MAY BE OUT OF DATE, AND NEITHER APPROACH GUIDES, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APPROACH GUIDES OR ITS PARTNERS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY

APPROACH GUIDES DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL APPROACH GUIDES BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE.

FURTHER, APPROACH GUIDES’ SERVICE, SPECIFICALLY ITS CO-BRANDED WEBSITE, PERFORMS REAL-TIME TRANSFORMATIONS OF CLIENT PROPERTIES. DESPITE BEST EFFORTS, SHOULD SELECT TRANSFORMATIONS FAIL TO OCCUR, APPROACH GUIDES DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL APPROACH GUIDES BE LIABLE, FOR ANY DAMAGES, LOSS OF CUSTOMERS OR LOSS OR REVENUE. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPROACH GUIDES OR ITS PARTNERS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, OR DAMAGES FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE OR THE RESULTS OF THE USE OF THE SERVICE, ANY WEBSITES LINKED TO THIS SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHER LEGAL THEORY, EVEN IF APPROACH GUIDES OR ANY OF THE AFOREMENTIONED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT APPROACH GUIDES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SERVICE. 

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, APPROACH GUIDES IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF APPROACH GUIDES AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND ITS PARTNERS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED AS FOLLOWS: IN NO EVENT SHALL APPROACH GUIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS ($25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SERVICE.

INDEMNITY

You agree to defend, indemnify and hold Approach Guides, our Partners and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or the Internet or your placement or transmission of any message or information on this Service by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Approach Guides; and/or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

RELEASE

In the event that you have a dispute with one or more other users of the Service, you release Approach Guides (and our officers, directors, agents, parent, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

TERMINATION

You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Service in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

GENERAL

The parties hereby agree that any disputes arising out of or related to this Agreement or the operation thereof, will be resolved in binding arbitration. The seat and venue of any such arbitral proceedings will be the County of New York, New York. All proceedings will be conducted under the auspices of JAMS/Endispute pursuant to the then-existing expedited rules for commercial arbitration. The arbitral panel will consist of three (3) arbitrators, with each party selecting one (1) arbitrator (“Party-Selected Arbitrators”) and the two (2) Party-Selected Arbitrators appointing the third (3rd), who will also serve as Chair of the proceedings (“the Chair”). Each arbitrator, however selected, will have at least five (5) years of relevant experience. Said arbitration proceeds shall follow the following process:

1. The appointment of Party-Selected Arbitrators will be concluded no less than ninety (90) days after the service of the demand for arbitration upon the respondent. 
2. The appointment of the Chair will be concluded no less than thirty (30) days after the appointment of both Party-Selected Arbitrators has been completed.
3. If any arbitrator is not appointed within the timelines set forth herein, any party may request that JAMS/Endispute appoint a suitably qualified neutral to serve as arbitrator, which appointment will be concluded within ten (10) business days. The non-requesting party will have no right to object to the appointment of an arbitrator under this paragraph.
4. The arbitral proceedings will be concluded in not less than nine (9) months from the date of service of the demand for arbitration upon the respondent. The arbitral award will be issued within thirty (30) days of the conclusion of the arbitral proceedings.
5. The parties may agree to conduct any or all arbitral proceedings by videoconference or teleconference so long as all parties, attorneys, arbitrators, etc. are able to communicate in real-time. JAMS/Endispute may require the parties to hold arbitral proceedings by videoconference or teleconference due to global crises or other force majeure events which may prevent or discourage in-person proceedings.
6. If any force majeure event arises during the course of arbitral proceedings, all timelines set forth in this paragraph will be extended by an amount of time corresponding to the duration of the force majeure event, provided, however, that the parties may agree to work-around solutions.

This Service is controlled and operated by Approach Guides from the United States of America. Approach Guides makes no representations or warranties that the Content of this Service is appropriate or lawful in any jurisdictions outside the United States. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Service may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Approach Guides in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Those Sections of this Agreement that, by the term or implication, have a continuing effect (including, without limitation, Access and Interference, the license granted in User Submissions, Disclaimers, Limitation of Liability, Indemnity and Release, etc.) shall survive any termination or expiration of this Agreement.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA” NOTICE)

In operating the Service, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Service. Approach Guides has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. Approach Guides has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Approach Guides or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. 

If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.

Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:

Copyright Agent, Business & Legal Affairs

Approach Guides, LLC
3 Germay Dr #4-1209
Wilmington, DE 19804

Email: copyright@approachguides.com

What you should know before submitting a DMCA copyright removal request:

• You need to consider whether copyright exceptions, such as fair use or fair dealing, apply to the Content. If an exception applies, then the removal request would be invalid.
• The copyright owner name you enter will become part of the public record of your request. 

• Your full legal name is required to complete a copyright removal request. It may be shared with the uploader of the Content removed for copyright infringement.
• The primary email address from your removal request may be shared with the uploader of the Content removed for copyright infringement. The uploader might get in touch with you to resolve their associated copyright.
• Your physical address and phone number will remain confidential unless requested as part of a lawsuit. If Approach Guides is required to share any information, we’ll notify you before doing so.

Please provide the following information in your removal request:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the Content on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your name, address, telephone number, and email address; and
6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person; and
5. The written consent to process your personal data provided to us.

ENTIRE AGREEMENT

The terms and conditions of this Agreement are the entire agreement between the user and Approach Guides and supersede any prior understandings or agreements (written or oral).

ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Agreement or if you have any questions or comments, we encourage you to email support@approachguides.com or info@approachguides.com.

COPYRIGHT NOTICE

All Service design, graphics, text selections, arrangements, and all software are Copyright © 2009-2024, Approach Guides, LLC ALL RIGHTS RESERVED.