THIS LEGAL AGREEMENT BETWEEN YOU, AND/OR YOUR ORGANIZATION (COLLECTIVELY, “YOU”) AND FIRST ANNAPOLIS CONSULTING, INC. (“FIRST ANNAPOLIS”) GOVERNS YOUR USE OF THE PRODUCTS YOU SEEK TO PURCHASE FROM FIRST ANNAPOLIS (“PRODUCTS”) VIA THIS TRANSACTION AND THE PURCHASE ITSELF. TO AGREE TO THESE TERMS, COMPLETE THE FORM BELOW AND CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE PRODUCTS.
A. TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
First Annapolis accepts the following forms of payment: credit cards issued by U.S. banks. If a credit card is being used for a transaction, First Annapolis may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.
You agree that you will pay for all Products, and that First Annapolis may charge your credit card for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING FIRST ANNAPOLIS WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online in the Account Information section of the First Annapolis Web Site; this may temporarily disrupt your access to the First Annapolis Services while First Annapolis verifies your new payment information.
Your total price will include the price of the Products plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.
All sales of products are final.
Prices for products offered via the First Annapolis Services may change at any time, and the First Annapolis Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by First Annapolis.
Your purchase of the Products requires the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
First Annapolis is not responsible for typographic errors.
B. TERMS AND CONDITIONS
THE FIRST ANNPOLIS PRODUCTS
First Annapolis is the provider of the Products, which are intended for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE PRODUCTS
Use of the Products requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. You agree that these requirements, which may change from time to time, are your responsibility. The Products are not part of any other offering, and no purchase or obtaining of any other offerings shall be construed to represent or guarantee you access to the Products.
USE OF PURCHASED CONTENT
You agree that the Products may include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the usage rules established by First Annapolis which are set out below (the “Usage Rules”). Any use of the Products that is not permitted by the Usage Rules may constitute copyright infringement, and First Annapolis reserves the right to raise any legal claim based on such unauthorized use. First Annapolis reserves the right to modify the Usage Rules at any time. The Usage Rules may be controlled and monitored by First Annapolis for compliance purposes, and First Annapolis reserves the right to enforce the Usage Rules without notice to you. You agree not to modify the Products in any manner or form, or to use modified versions of the Products, for any purpose.
(i) You shall be authorized to use Products for personal or commercial use.
(ii) You shall be authorized to use Products on ten (10) devices at any time. Each of these devices must be under your exclusive control at all times.
(iii) You shall not distribute, copy, sell, or otherwise make available in any fashion (collectively, “redistribute”) the Products to third parties for any reason.
The Products are protected by relevant copyright, trademark, patent and trade secret law and other proprietary rights, and also may have security components that protect the digital information contained in the Products. As such, any redistribution of the Products by you may constitute infringement of the intellectual property rights of First Annapolis. In the event that you redistribute the Products, First Annapolis reserves the right to raise any legal claim based on such redistribution.
The Products may be downloaded only once. Once a Product is downloaded, it is your responsibility not to lose, destroy, or damage it, and First Annapolis shall not be liable to you if you do so. Notwithstanding this limitation of liability, please contact First Annapolis should you encounter any problems during the Product download process.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. Any copying or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product.
You acknowledge that, because some aspects of the Products and administration of the Usage Rules entail the ongoing involvement of First Annapolis, if First Annapolis changes any part of or discontinues access to the Products, which First Annapolis may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that First Annapolis shall have no liability to you in such case.
You agree that the Products, including the text, graphics, design, audio clips, video clips, editorial content, and the scripts and software used to create the Products, if any, contain proprietary information and material that is owned by First Annapolis, and is protected by applicable intellectual property and other laws, including, but not limited to, trademark and copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Product in compliance with this Agreement. No portion of the Product may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Products in any manner, and you shall not exploit the Products in any unauthorized way whatsoever.
Notwithstanding any other provision of this Agreement, First Annapolis reserves the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Products at any time without notice. In no event will First Annapolis be liable for making these changes.
All copyrights in and to the Products (including the compilation of content and other data, and descriptions of those resources) are owned by First Annapolis, who reserves all rights in law and equity. THE USE OF THE PRODUCTS, EXCEPT FOR USE OF THE PRODUCTS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
First Annapolis, the First Annapolis logo, and other First Annapolis trademarks, service marks, graphics, and logos used in connection with the Products are trademarks or registered trademarks of First Annapolis Consulting, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Products may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or First Annapolis suspects that you have failed, to comply with any of the provisions of this Agreement, First Annapolis, at its sole discretion, without notice to you may terminate this Agreement and/or your access to the Products, and you will remain liable for all amounts due up to and including the date of termination.
First Annapolis reserves the right to modify, suspend, or discontinue access to the Products (or any part or content thereof) at any time with or without notice to you, and First Annapolis will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
FIRST ANNAPOLIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FIRST ANNAPOLIS MAY REMOVE ACCESS TO THE PRODUCTS FOR INDEFINITE PERIODS OF TIME.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS IS AT YOUR SOLE RISK. ALL PRODUCTS ARE (EXCEPT AS EXPRESSLY STATED BY FIRST ANNAPOLIS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL FIRST ANNAPOLIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FIRST ANNAPOLIS ‘S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
FIRST ANNAPOLIS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PRODUCTS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FIRST ANNAPOLIS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
FIRST ANNAPOLIS DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FIRST ANNAPOLIS DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED THAT ARE STORED IN YOUR SYSTEM.
WAIVER AND INDEMNITY
BY USING THE PRODUCTS, YOU AGREE TO INDEMNIFY AND HOLD FIRST ANNAPOLIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PRODUCT, OR ANY ACTION TAKEN BY FIRST ANNAPOLIS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FIRST ANNAPOLIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PRODUCTS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FIRST ANNAPOLIS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
First Annapolis reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Products. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and First Annapolis and governs your use of the Products, superseding any prior agreements between you and First Annapolis. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. First Annapolis failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. First Annapolis will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Products. All transactions in connection with the Products and this Agreement are governed by Maryland law, without giving effect to its conflict of law provisions. Your use of the Products may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with First Annapolis or relating in any way to your use of the Service resides in the courts of the State of Maryland. No First Annapolis employee or agent has the authority to vary this Agreement.
First Annapolis may notify you with respect to the Product by sending an email message to your Account email address or a letter via postal mail to your mailing address. Notices shall become effective immediately.
First Annapolis reserves the right to take steps First Annapolis believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that First Annapolis has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or a third party, as First Annapolis believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to First Annapolis right to cooperate with any legal process relating to your use of the Products, and/or a third-party claim that your use of the Products is unlawful and/or infringes such third party’s rights).
First Annapolis Consulting, Inc., Three Park Place, Suite 200, Annapolis, Maryland, USA 21401
Last updated January 2016.