TERMS OF SERVICE
Updated: June 1, 2023
Appion Solutions, Inc. (“Appion”) maintains and operates websites located at appion.network (the “Websites”), software made available through the websites and/or mobile devices (the “Software”), and services provided through the Websites and Software (the “Services”). The Websites, Software and Services shall be referred to collectively as the Appion Platform.
The Appion Platform offers individuals seeking apprenticeships (“Users”), and organizations offering apprenticeships (“Organizations”), with an automated apprenticeship application and performance management software program to streamline this process. This Agreement covers the terms and conditions for both Users and Organizations who have created an account or profile with Appion (collectively as “Members”, “you” or “your”).
EACH MEMBER’S USE OF THE APPION PLATFORM IS SUBJECT TO THIS AGREEMENT (“AGREEMENT” OR “TERMS”). BY ACCESSING OR USING THE APPION PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
OTHER SITE POLICIES
Your access to or use of certain areas and features of the Appion Platform may be subject to separate policies, standards or guidelines, or may require you to accept additional terms and conditions before you may access or use the relevant areas or features of the Appion Platform. If there is a conflict between this Agreement and other terms and conditions applicable to a specific area or feature of the Appion Platform, the terms and conditions applicable to a specific area or feature will take precedence over this Agreement, unless otherwise specified in the other terms and conditions.
THIRD PARTY POLICIES, CONTENT AND LINKS
The Appion Platform may contain hyperlinks to websites controlled by parties other than Appion. Appion is not responsible for and does not endorse or accept responsibility over the contents, opinions expressed or use of any of these websites. Appion makes no representations or warranties with regard to the products, services or content of any such third parties.
Additionally, Organizations may also require you to agree to their terms and conditions related to a particular apprenticeship or apprenticeship application. The Appion Platform may include copies of such Organizer terms and conditions, or may contain hyperlinks to such Organization’s terms and conditions. Appion is not responsible for and does not endorse or accept responsibility over the additional terms and conditions provided by an Organization, and makes no representations or warranties about such additional terms and conditions.
If you access or download the Appion App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Appion Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
GOVERNING LAW AND JURISDICTION
At this time, the Appion Platform is available only in the United States. This Agreement, and Appion’s operation of the Appion Platform, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of this Agreement, or your use of the Appion Platform shall be adjudicated in a court located in Milwaukee County, Wisconsin.
APPION PLATFORM SERVICES
The Appion Platform enables Users to complete and submit an application for apprenticeships offered by participating Organizations [and allows Members to communicate with each other to arrange interviews for such apprenticeships]. Users and Organizations are not employees of Appion. Appion does not review applications, schedule or conduct interviews or provide the actual apprenticeship.
While Appion may help facilitate the resolution of disputes between Members, Appion has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any apprenticeship or interviews; (ii) the truth or accuracy of any Member profile, Ratings, Reviews, or content posted by a Member (as defined below); (iii) the performance or conduct of any Member; or (iv) the suitability or quality of the location where the apprenticeship takes place.
Any references to a Member being “verified” indicates only that the Member has provided Appion with relevant identification information. Appion takes reasonable steps to verify that such information is truthful and accurate, but Appion does not guarantee that such information is indeed truthful or accurate and descriptions of Members on the Appion Platform is not an endorsement, certification or guarantee by Appion about any Member, including the Member’s identity or background or whether the Member is reliable, trustworthy, safe or suitable.
ELIGIBILITY, USING THE APPION PLATFORM, MEMBER VERIFICATION
To sign-up for, access and use the Appion Platform you must be an individual at least [eighteen (18)] years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the United States and the state in which the Organization operates.
Appion may make access to and use of the Appion Platform, or certain areas or features of the Appion Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Rating or Review thresholds (as further defined below), or a Member’s booking and cancellation history.
For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to: (a) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of a Member; (b) screen Member against third party databases or other sources and request reports from service providers; and (c) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
Users and Members agree to pay applicable subscription fees, as applicable, as set forth in the Appion fee schedule.
When you visit the Websites, or send e-mails to Appion or other Members through the Appion Platform, you are communicating with Appion or such Members electronically. You consent to receive communications from Appion and Members electronically. Appion will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR MEMBERSHIP ACCOUNT
To become a Member, whether as a User or Organization, you will be prompted to disclose certain information about you or your business, and you authorize Appion to share this information on the Appion Platform with other Members in order to provide the Services. By providing information or by submitting a request to sign up with Appion as a User or Organization, you expressly give Appion or its representative permission to contact you by phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, so that Appion may provide the Services set forth on the Appion Platform, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails.
You agree to: (a) provide accurate and current information about yourself as prompted by the Appion Platform (the “Registration Information”); and (b) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Appion Platform and future access to the Appion Platform.
You represent and warrant that all Registration Information you provide is (and will be updated promptly so that it is) accurate, current and truthful to the best of your knowledge. If you provide any Registration Information that is untrue, not current or incomplete, or Appion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Appion has the right to refuse any current or future use of the Appion Platform. You are responsible for any use of the Appion Platform by persons to whom you intentionally or negligently allow access to your password.
CONDUCT AND PROHIBITED ACTIVITIES
In using the Appion Platform, you agree not to:
• Engage in any fraudulent activity or otherwise provide false or misleading information or communications.
• Impersonate any person or entity or otherwise mislead as to the origin of any information or communication.
• Engage in any activity that violates any federal, state or local laws or regulations, or otherwise engage in any illegal activity.
• Violate or otherwise infringe on the copyright, trademark or other intellectual property rights of Appion or any other party.
• Violate or otherwise infringe on the privacy rights or contractual rights of Appion or any other party.
• Use any robot, scraper, spider, script, crawler, data mining tool, or other automated process to obtain information from the Appion Platform.
• Use any manual process to obtain information from the Appion Platform for any purpose other than in direct furtherance of the Permitted Use.
• Circumvent our efforts to prevent or limit access to portions of the Appion Platform.
• Use or interfere with the Appion Platform in any way that involves a virus, cancel bot, Trojan horse, harmful code, flood pings, denial-of service attacks, packet or IP spoofing, forged routing, forged e-mail address information, or any other method or technology that is similar to any of the foregoing items.
• Mirror or frame the Appion Platform or any individual element of the Appion Platform.
• Attempt to reverse engineer or otherwise disassemble any portion of the Appion Platform.
• Use the Appion Platform to distribute unsolicited e-mails or unsolicited advertisements.
• Improperly manipulate the ratings or other feedback provided through the Appion Platform.
• Post or otherwise transmit: (a) any content that is libelous, defamatory, obscene, indecent, pornographic, profane, vulgar, threatening, or offensive; (b) any content that promotes any illegal activity or substance; or (c) any other content that would violate the law or otherwise give rise to a civil claim.
• Harass any other user of the Appion Platform.
• Collect, store or use any personally identifiable information about any other user of the Appion Platform except in furtherance of purposes expressly permitted as part of the Permitted Use.
• Assist, encourage or otherwise facilitate the efforts of any third parties to engage in any of the foregoing list of prohibited activities.
TERMINATION OR SUSPENSION OF ACCOUNT
Appion, in its sole and absolute discretion, may immediately issue a warning, suspend or terminate your access to the Appion Platform for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.
If it is determined or suspected by Appion in its sole discretion that you are misusing or attempting to misuse or circumvent features of the Appion Platform, or are using or attempting to use the Appion Platform for any inappropriate purpose, including but not limited to activities in violation of the “Conduct” section above, or such as hacking, infiltrating, fraud, advertising, jamming or spamming, Appion reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Appion uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to Appion.
Portions of the Appion Platform may use secure server software (SSL), which encrypts all information you input before it is sent to us. Appion cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Appion makes no representations or warranties with regard to the sufficiency of these security measures and, Appion shall not be responsible for any actual or consequential damages that result from a security breach.
You are solely responsible for keeping your login name and password secure and confidential. You should not disclose your login name or password to any other party. Once logged on using your login name and password, whether authorized or unauthorized, you take full responsibility for any transactions entered into through your member account.
If you believe that your login name and/or password has been compromised, or you become aware of any other breach of security regarding the Appion Platform, you must notify Appion immediately.
You acknowledge that due to the nature of the internet, Appion cannot guarantee that access to the Appion Platform will be uninterrupted or that e–mails or other electronic transmissions will be sent to you, received by Appion or communicated to others. Appion periodically schedules system downtime for maintenance and other purposes and the Appion Platform may be unavailable due to unplanned system outages. Appion shall have no liability whatsoever for the resulting unavailability of the Appion Platform or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages.
MODIFICATIONS TO WEBSITES, SERVICES AND CONTENT
Appion reserves the right to modify in part or in whole, or temporarily or permanently discontinue the Appion Platform or any portion or content contained therein for any reason and at any time without notice to you. Appion reserves the right to delete, modify or supplement the Content of the Appion Platform at any time for any reason without notification to anyone. Appion is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on the Appion Platform. Any amended or modified terms will be effective upon posting. Appion reserves the right to make changes to the Appion Platform, including information and pricing, at any time without notice. Continued use of the Appion Platform constitutes acceptance of any modified Agreement.
COPYRIGHTS AND TRADEMARKS
Except for Organization logos and other copyrighted content uploaded by a Organization, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Appion or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Appion, with copyright authorship for this collection by Appion, and protected by international copyright laws.
Appion’s trademarks and trade dress may not be used in connection with any product or service that is not Appion’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Appion. All other trademarks not owned by Appion or its subsidiaries that appear on this site are the property of their respective owners.
Except as expressly stated in this Agreement, you shall not download or copy any portion of the Appion Platform or otherwise collect or use any data about Members, Apprenticeship Posts for the purposes of data mining (through any means including bots or similar data gathering and extraction tools). The Appion Platform, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Appion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Appion or any Member without express written consent. You may not use any meta tags or any other “hidden text” utilizing Appion’s name or trademarks without the express written consent of Appion. Any unauthorized use automatically terminates without further notice the permission or license granted by Appion. You may not use any Appion logo or other proprietary graphic or trademark as part of the link without express written permission.
TERMS APPLICABLE TO ORGANIZATIONS
The Appion Platform enables Organizations to provide Appion with their apprenticeship applications. Appion then converts those applications for use on the Appion Platform. Organizations are responsible for maintaining information about their particular apprenticeships on their websites and including links about such apprenticeships on the Appion Platform.
Organizations are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to an Apprenticeship including but not limited to all applicable federal, state and local laws and regulations and any other governmental rules that apply to the Organization or its Apprenticeships.
Organizations are solely responsible for providing (a) complete and accurate information (such as apprenticeship description, required experience and qualifications, wage or salary information, education, work hours and calendar availability); (b) disclose any restrictions and requirements that apply (such as any minimum age for the Apprenticeship); and (c) provide any other pertinent information requested by Appion or any Member. Organizations are responsible for making sure that links to this information, and the information provided by Organization, is maintained and up-to-date at all times. Any terms and conditions related to an apprenticeship or Apprenticeship application must not conflict with these Terms.
Organizations are solely responsible for setting wage information for an Apprenticeship. Once a User accepts an Apprenticeship that is offered to them by an Organization, the Organization may not decrease the wage offered to the User or otherwise materially alter the Apprenticeship in a way that materially reduces the opportunity and benefits offered to the User.
TERMS APPLICABLE TO USERS
Users should carefully review the description of any Apprenticeship before submitting an application for an Apprenticeship, or scheduling an interview for an Apprenticeship, and ensure that you meet any minimum age, proficiency, educational or other restrictions or requirements. Users are solely responsible for informing Organizations of any medical or physical conditions or other circumstances that may impact a User’s ability to participate in any Apprenticeship. In addition, certain laws, like the minimum driving age may apply.
INTERVIEW MODIFICATIONS, CANCELLATIONS, REFUNDS, AND RESOLUTION CENTER
Members are responsible for notifying any other Member about changes to scheduled interviews or availability to participate in an interview whether submitted through the Appion Platform or otherwise. Appion shall not be liable to any Member if a Member cancels an interview or Apprenticeship for any reason.
Appion shall not issue any refund of any fees collected by Appion or other expenses incurred by any Member, even if an interview or Apprenticeship is cancelled.
APPION IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN MEMBERS
Appion is not a party to any contract or payment transaction between Membera. Any contract or payment transaction between Members will be pursuant to communications between those Members. You acknowledge that you will be subject to the contractual and other legal relationships that you create by your communications with others on or through the Appion Platform. Appion will not in any way be responsible for contract breaches, improper conduct or other issues that arise related to any contractual or other legal relationships between Members. Appion does not endorse any Member. You are responsible for confirming the identity, background and suitability of anyone you communicate with through the Appion Platform. Appion is not responsible for any Apprenticeship Posting or the performance of any User hired to participate in an Apprenticeship.
RATINGS AND REVIEWS
Members may submit public reviews of other Members who participated in an Apprenticeship or interview (a “Review”) and submit a public star rating (a “Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Appion. Ratings and Reviews are not verified by Appion for accuracy and may be incorrect or misleading.
Members represent and warrant that all Ratings and Reviews shall be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to the Appion Conduct policy set forth in this Agreement. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Appion Platform together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
Appion may, at its sole discretion, enable Members to create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Appion Platform (“Member Content”). You represent and warrant that: (a) you either are the sole and exclusive owner of all Member Content that you make available on or through the Appion Platform or you have all rights, licenses, consents and releases that are necessary to grant to Appion the rights in and to such Member Content, as contemplated under these Terms; and (b) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Appion’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Appion Platform or Content, except to the extent you are the legal owner of your particular Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Appion or its licensors, except for the licenses and rights expressly granted in these Terms.
MONITORING AND MODERATION
Appion has the right, but no duty, to monitor content posted on the Appion Platform; and Appion has no duty to remove or edit content posted by any third party on the Appion Platform. Notwithstanding, Appion reserves the right to remove or edit any content uploaded to the Appion Platform that Appion deems inappropriate, inaccurate, off topic or for any other reason in its sole and absolute discretion, or (a) operate, secure and improve the Appion Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure Members’ compliance with these Terms; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) respond to Member Content that it determines is harmful or objectionable; or (e) as otherwise set forth in these Terms. Members agree to cooperate with and assist Appion in good faith, and to provide Appion with such information and take such actions as may be reasonably requested by Appion with respect to any investigation undertaken by Appion or a representative of Appion regarding the use or abuse of the Appion Platform.
Furthermore, Appion reserves the right to suspend or cancel any member account and Apprenticeship Posting for any other reason in its sole and absolute discretion.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Appion by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
RESOLVING DISPUTES; ARBITRATION
You and Appion agree that disputes related to this Agreement will be handled through arbitration, except that either you or Appion may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Appion Platform or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting Jeffrey Hart, EVP, at email@example.com. If your claim is not resolved within 15 days of the day you contact Appion regarding your claim, you or Appion may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be held in Milwaukee, Wisconsin.
YOU AGREE THAT ANY DISPUTES WILL BE HANDLED ON AN INDIVIDUAL BASIS, AND NO PART OF THE ARBITRATION OR COURT PROCEEDING WILL INVOLVE ANY CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER SIMILAR TYPE OF CONSOLIDATION OF CLAIMS. IN OTHER WORDS, YOU MAY RESOLVE DISPUTES WITH APPION ON AN INDIVIDUAL BASIS ONLY.
YOU AGREE THAT ANY CLAIM THAT YOU HAVE AGAINST APPION MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT THE CLAIM AROSE.
APPION, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, APPION DOES NOT WARRANT OR REPRESENT THAT THE APPION PLATFORM OR ANY SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE APPION PLATFORM WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIME BOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
LIMITATION OF LIABILITY
APPION AND ITS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (A) YOUR USE OF OR INABILITY TO USE THE APPION PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE APPION PLATFORM THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPION PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF APPION OR ANY THIRD PARTY ON OR THROUGH THE APPION PLATFORM, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY SERVICES PURCHASED THROUGH THE APPION PLATFORM.
WHILE APPION USES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD DATA, APPION DOES NOT WARRANT THAT YOUR DATA AND TRANSACTION DATA WILL BE TRANSPORTED WITHOUT UNAUTHORIZED INTERCEPTION OR MODIFICATION OR THAT DATA WILL NOT BE ACCESSED OR COMPROMISED BY UNAUTHORIZED THIRD PARTIES. APPION SHALL NOT BE LIABLE FOR ANY IMPROPERLY PROCESSED OR UNAUTHORIZED TRANSACTIONS OR ILLEGAL OR FRAUDULENT ACCESS TO MEMBER ACCOUNTS, END-USER OR TRANSACTION DATA. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF APPION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE APPION PLATFORM.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE APPION PLATFORM. IN NO EVENT SHALL APPION’S TOTAL CUMULATIVE LIABILITY ASSOCIATED WITH YOUR USE OF THE APPION PLATFORM UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO APPION OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
You agree to indemnify, defend and hold Appion and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (a) your use, misuse or abuse of the Appion Platform; (b) your use of Services provided through or in connection with the Appion Platform; or (c) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Appion’s defense of any claim. Appion reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Appion.
CHANGES TO THIS AGREEMENT
OTHER LEGAL TERMS
The failure of any party to insist (in any one or more instances) upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment or any right granted in this Agreement or of the future performance of such provision. In interpreting any provision of this Agreement, no presumption shall arise favoring or disfavoring any party by virtue of the authorship of the provision. If an arbitrator or court determines that any provision of this Agreement is unenforceable: (a) such unenforceability shall not affect any other provision of this Agreement; (b) the remaining provisions of this Agreement shall remain in full force and effect; and (c) the arbitrator or court may so modify the unenforceable provision to the extent necessary to make it enforceable. This Agreement does not create any third-party beneficiary rights, except that to extent any provision provides a release, limitation, indemnification or other protection to Appion, such provision shall be deemed to also provide a release, limitation, indemnification or other protection to any officer, employee, agent, member, manager or subsidiary of Appion.
If you have any questions related to this Agreement, you can contact Appion at firstname.lastname@example.org.