Hello. Hola. Ciao. Ni hao.Thanks for using Approach Guides.
Last modified: 10 October 2022
Welcome to the “Approach Guides” website (“Site”). This Site is owned and operated by Approach Guides, LLC (collectively, “Approach Guides,” “we,” “us,” or “our”).
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 SITE
You may use the Site and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely in compliance with this Agreement.
PROHIBITED USE OF THE SITE
By accessing the Site, you agree that you will not:
COPYRIGHT AND OWNERSHIP
All of the content featured, displayed, and downloadable on the Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Approach Guides, its Partners and/or its Content providers. All elements of the Site, 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. The Services and the Site may only be used for the intended purpose for which such Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on our Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site, 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 Site. For the purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services. The Site, its Content and all related rights shall remain the exclusive property of Approach Guides or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Site.
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, 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 Site, without Approach Guides’ prior written consent. The use of any Marks on any other website or network computer environment is not allowed. Approach Guides prohibits the use of Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
As a user of the Site you may submit textual content, photos, videos, images, audio files, other types of content and links to such content if allowed by the Site (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 Site, Approach Guides requests that your comments relate to the services and products offered by Approach Guides and the Site, and that you not submit any creative ideas, suggestions, or materials.
In addition to all other prohibitions regarding your use of the Site included in this Agreement, with respect to all User Submissions submitted by you (including Content), and your interaction with our Site, you agree as follows:
When you upload User Submissions, or interact with our Site, as part of our Agreement, you also give us permissions that we need to provide the our services, as follows:
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, Content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on this Site 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 Site. By downloading any Content from the Site, you represent that the Content will be used only in a lawful manner. All Content is for private use and may not be duplicated.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site 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 Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. 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 Site may contain links to websites that are not owned, operated or controlled by Approach Guides or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our respective 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 Site, you do so entirely at your own risk.
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 Site or the Site 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 Site. 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.
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 Services and Site. 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 Submissions and user published Content does not represent the views of Approach Guides or any individual associated with Approach Guides, and we do not control these User Submissions or Content. In no event shall you represent or suggest, directly or indirectly, Approach Guides’ endorsement of User Submissions or user published Content. Approach Guides does not vouch for the accuracy or credibility of any User Submissions or user published Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions or user published Content on our Site. Through your use of the Site and Services, 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 Site, you assume all associated risks, whether foreseeable or not.
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 Site 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 Site 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.
YOUR USE OF THIS SITE 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 SITE ARE 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 SITE 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 SITE. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE 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 SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE.
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 SITE, 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO THIS SITE, 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 SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE SUPPLIER OF SUCH PRODUCTS OR SERVICES, IN ACCORDANCE WITH SUCH SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE, IF ANY.
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 SITE.
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 Site or the Internet or your placement or transmission of any message or information on this Site 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 Site with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Site, 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.
You or we may suspend or terminate your account or your use of this Site 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 our Site 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.
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:
This Site 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 Site is appropriate or lawful in any jurisdictions outside the United States. Those who choose to access this Site 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 Site or Services, and operation of the Site 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 Site, 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 Site. Approach Guides has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. 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 Site 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
What you should know before submitting a DMCA copyright removal request:
Please provide the following information in your removal request:
We may give notice to our users of any infringement notice by means of a general notice on any of our Sites, 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:
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).
If you do not understand any of the foregoing Agreement or if you have any questions or comments, we encourage you to email email@example.com firstname.lastname@example.org.
All Site design, graphics, text selections, arrangements, and all software are Copyright © 2009-2022, Approach Guides, LLC ALL RIGHTS RESERVED.