AdvantagePlusAgency.com - LEGAL NOTICES

AdvantagePlusCaregivers.com reserves all rights, among them the right to make changes at anytime to our policy that will become effective at the time of posting on this website with or without notice.

The issue of safeguarding your individual privacy online is one we take seriously. AdvantagePlusCaregivers.com has created this privacy statement in order to demonstrate our firm commitment to individual privacy. The following discloses our information gathering and dissemination practices for the AdvantagePlusCaregivers.com's network of sites.

This Privacy Policy covers AdvantagePlusCaregivers.com, and subsidiary's treatment of personally identifiable information that is:

This policy does not apply to the practices of companies that AdvantagePlusCaregivers.com does not own or control, or to people that AdvantagePlusCaregivers.com does not employ or manage.

We are in the business of offering staffing services for all of your in-home family care needs and other's care providing services, so the contact data as part of our service will be used for those purposes only. However we only provide it to entities that have provided enough identifying information should abuse or problems occur. It is our intention to provide contact data to enhance the AdvantagePlusCaregivers.com service for our clients.

All information collected, unless specified in writing, is used for the following purposes:

When you visit our website or click on one of our links, we may automatically record your I. P. address, operating system, and browser version. We use this information to generate usage statistics and to ensure that our site and e-mails are accessible to the widest possible audience. We may also use I. P. addresses to track abuse of our system.

This site (and our e-mails) that contains links to other sites, AdvantagePlusCaregivers.com is not responsible for the privacy practices or the content of such websites.

When we provide you with links in our e-mails, and they may include a special tracking code unique to you, which allows us to determine the content and advertisements that are most popular. We may share this data in aggregate form, but we will never share it in individual form.

From time-to-time, we may use cookies to determine which third party offers are utilized by our visitors. We will never share this data in individual form.

We reserve the right to modify this privacy policy. For this reason, you should regularly check our policy to ensure that you are up to date on our policy(ies).

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact: customerservice@AdvantagePlusAgency.com

Subscription Agreement Policy

Return to top ^

You accept all of the following terms and conditions contained in this agreement. Your subscription indicates your complete and total acceptance of the "APA Service" Subscription Agreement. The APA system is powered and maintained and under a license agreement with Clearview Staffing Software, Inc., the platform provider, and offered through AdvantagePlusCaregivers.com, hereinafter referred to as "APA", collectively hereinafter referred to as the "Service Provider". The combination of the access to and the content delivered through this process is called the "APA Service" throughout this Agreement. Subscribers to the APA Service are referred to in this Agreement as "Account Holders." An Account Holder who subscribes to the APA Service can decide to upgrade his/her account to other products and/or services that may come available through the APA Service in the future. Once you have accepted the APA Service Subscription Agreement, you will be a Member, and are referred to within this agreement as "Member."

Access to the APA Service may be limited from time to time at the sole discretion of the APA Service Provider and for any reason, for instance, for emergency repairs or as a result of circumstances beyond the control of the APA Service Provider. In addition, Member agrees to use the APA Service in a manner consistent with any and all applicable laws and regulations and in compliance with the APA Service's stated policies and procedures.

THE APA SERVICE HAS A ZERO TOLERANCE POLICY REGARDING SPAMMING BY ITS MEMBERS. BE ADVISED THAT SPAMMING ACTIVITIES OF ANY KIND IS IMMEDIATE GROUNDS FOR TERMINATION OF YOUR APA SERVICE. IN THE EVENT YOU ARE CAUGHT SPAMMING, YOUR SERVICE MAY BE IMMEDIATELY TERMINATED AND YOU WILL NOT BE REIMBURSED FOR ANY REASON. YOU AGREE TO BE CHARGED UP TO FIFTEEN (15) DOLLARS PER SPAMMED E-MAIL. (See our End User License Agreement and our Accepted Use Policy's for more detailed information

MEMBER'S EXPRESSLY AGREE THAT USE OF THE APA SERVICE IS AT MEMBER'S SOLE RISK. NEITHER SERVICE PROVIDER NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, INFORMATION, SERVICE OR COMMUNICATION PROVIDERS, LICENSERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE OR INFORMATION CONTAINED THEREIN WILL BE ACCURATE, COMPLETE OR CURRENT. IN ADDITION, NEITHER SERVICE PROVIDER NOR ANY OF ITS INFORMATION, SERVICE OR COMMUNICATION PROVIDERS, LICENSERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. NEITHER SERVICE PROVIDER NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, INFORMATION, SERVICE OR COMMUNICATION PROVIDERS, LICENSERS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR LOSS OR INJURY CAUSED IN WHOLE OR PART FOR ANY CAUSE INCLUDING PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING THE SERVICE. THE APA SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

NEITHER SERVICE PROVIDER NOR ANYONE ELSE INVOLVED IN OR ASSOCIATED WITH CREATING, PRODUCING OR DELIVERING THE APA SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE APA SERVICE OR INABILITY TO USE THE APA SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. MEMBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THIRD PARTY CONTENT AND THIRD PARTY INFORMATION, SERVICE OR COMMUNICATION PROVIDERS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SERVICE PROVIDER, ITS INFORMATION, SERVICE OR COMMUNICATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE APA SERVICE IN NO WAY WARRANTS, PROMISES, GRANTS, AGREES OR REPRESENTS THAT MEMBERS WILL OBTAIN ANY RESULTS FROM THE USE OF THIS SERVICE OR GUARANTEES MONETARY GAIN OR PROFIT FROM ITS USE THEREOF.

You agree to indemnify, defend and hold harmless Service Provider, its subsidiaries, affiliates, and licensers against any and all direct or indirect liability arising out of this Agreement.

Member agrees that the information contained in the APA Service is the property of the Service Provider and/or its licensers and is protected by copyright laws. All trademarks appearing on the APA Service are owned by their respective companies. You are permitted, where authorized, to store, manipulate, analyze, reformat, print, and display the information contained in the APA Service for your individual use. In no event shall you publish, retransmit, redistribute, copy or otherwise reproduce any or all of the APA Service in any format to anyone. You agree not to use, or permit anyone else to use, any information received from the APA Service for any unlawful purpose, including but not limited to the APA Registrant Database.

This Agreement may not be assigned by Member without the prior written consent of the Service Provider. This Agreement shall be governed by the Laws of the State of California. This Agreement is the exclusive statement of the agreement of the parties with respect to its subject matter as of the date of the Agreement. You may receive further information regarding the use of the APA Service, or may address complaints by contacting customerservice@AdvantagePlusAgency.com.

The APA Service reserves the right to change those charges upon notice to members on its website. The APA Service reserves the right to refuse service to anyone for any reason.

Upon access of the APA Service, Member will be assigned a password. Members musprotect their own password and not allow others access to the Member's APA Service account. All Members are individually responsible for maintaining the confidentiality of their individual password, and are liable for any harm resulting from unauthorized access to and use of the APA Service. A Member will remain liable for any unauthorized use, and charges resulting from such use of the APA Service, until Member notifies Service Provider.

By agreeing to these Terms and Conditions, I acknowledge that I have also read and agree to the End User License Agreement (EULA). I understand that I may find a copy of the EULA at any time on the AdvantagePlusCaregivers.com's website and to check for revisions or updates to said agreement.

The web and telephone application is provided to you (“Account Holder”) by AdvantagePlusCaregivers.com herein and hereafter referred to as APA. You must read, understand and agree to the terms and conditions below collectively, the ("Agreement"), including the Limited Software License, before using the Service or using any software, documentation, or related materials provided to you by APA Service (by download web access, phone access, or otherwise) in connection with the Service.

This Agreement is a legal document that details your rights and obligations as a APA Service user. You should take the time to review this entire agreement and the APA Service Privacy Policy, which reflect APA Service’s current policies. This Agreement and Privacy Policy govern all use of your account by you or anyone who uses your account.

This Agreement is your entire agreement with APA Service and governs your use of the Service. There may be additional terms and conditions if you use affiliate services, other APA services or products or third-party software and/or services. To access the APA Service service you must accept the terms of this Agreement and comply by them. You assume sole responsibility for your use of the Service, the Software (as defined below) and the Content (as defined below) in connection with your account.

If you are less than 18 years old, you may not execute this Agreement. Persons under age 18 may not use the Service without the consent and supervision of their parent or legal guardian. If you choose to permit a minor to use the Service, you agree to (i) exercise supervision over the minor's use of the APA Service, (ii) assume all risks associated with the minor's viewing of content received through use of APA Service and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities, including payment for services, resulting from the minor's use of the APA Service, (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to the APA Service Registration Forms. In addition, if you choose to permit a minor to use the APA Service, you consent to the collection, use and disclosure of information about the minor and the minor's use of the APA Service as provided in this Agreement, and the Privacy Policy.

Violations of system or network security of the APA Service are prohibited, and may subject you to criminal and/or civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You must not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You must not interfere or attempt to interfere with service to any other user, host, system, or network on the Internet unless expressly permitted to do so.

The APA Service may collect, store, compile and utilize information about you and your use of the APA Service. However, the APA Service will not provide any specific information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, and marketing organizations that are not defined in the Privacy Policy. Please refer to the APA Service Privacy Policy and information practices.

Account connections have idle timers that may terminate a session after 60 minutes of inactivity. You may not use tools that defeat the automatic log-off feature. Use of the APA Service on a standby or inactive basis in order to maintain a connection is prohibited. This includes, without limitation, taking any action to defeat or bypass the idle time-out or similar mechanism (including, without limitation, any method of mimicking user activity). We reserve the right to terminate an end user's online session at any time.

You must register for APA Service service using your first and last name. APA Service prohibits using only the name of a company or organization. During registration, you may be asked to provide a name, number, or combination that you wish to use as your log-in username. If the log-in username you request is not available, you will be asked to supply another log-in username. You may also be asked to provide a password for security purposes on your APA Service service, which can be any word, number, or combination, with at least 6 characters, not to exceed 12 characters. We reserve the right to verify the accuracy of the information you submit in connection with your registration for APA Service service (including, without limitation, performing cross tabulations with external databases) and you hereby consent to APA Service verification of such information

If you bypass or disable any portion of the APA Service or software, without limitation, then your use of the Service will be subject to immediate termination without notice. Termination of your Service will not excuse you from any criminal or other civil liabilities that may result from your actions. We reserve the right to suspend or terminate your APA Service account and nothing herein serves to limit such right. If your APA Service account is terminated you will be unable to access any e-mail, voicemail, contact data, facsimile messages and/or any content you have developed or created in your APA Service Service. If your account is suspended or terminated, APA Service is not responsible for reimbursement of any money spent on advertising, potential or actual loss of sales, setup fees, ongoing monthly service fees, or any other monetary losses.

You are responsible for all use of the Service through your account and for the security of your log-in identification, your password and any security lock code that you use to protect access to your data, APA Service account profile, your file name(s) and files, network and user access, and any information you disseminate through use of your APA Service Service. APA Service will not release account information to anyone other than the Account Holder. The Account Holder must verify personal, secure information given at the time his/her account was established.

The amount of storage space per account is limited. Additional space is available for an additional fee. Some e-mail, voicemail, or fax messages may not be processed due to space constraints or outbound message limitations. Once your account storage reaches the limit as specified in your account package, you must either delete unnecessary files and messages or buy a larger file storage package. Failure to delete files or upgrade your storage capacity may result in account suspension. APA Service reserves the right to delete unread messages that remain in your Inbox for 60 days or longer without notice. If your APA Service account is suspended or terminated, you will be unable to access any messages in your System. If your account is suspended or terminated, the APA Service is not responsible for reimbursement of any money spent on advertising, potential loss of sales, setup fees, ongoing monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. The APA Service may, from time to time, send a message regarding the APA Service to your account showing up in your inbox. You agree to permit us to send you such messages.

APA Service must receive an application for service with valid credit card information and signature of Account Holder. If the Account Holder is not the credit card holder, the Account Holder and the credit card holder must submit a signed Credit Card Authorization form within 24 hours, with verification of the following information for both the Account Holder and the credit card holder: credit card holder’s name, billing address, contact information, and signature. If the authorization form is not completed and received within 24 hours, the APA Service reserves the right to terminate the account. The Credit Card Authorization form and an application for service can be obtained by contacting APA Service’s Customer Support at 1 (888) 262-9369 and use the fax on demand features or go to our website or e-mail us at: customerservice@AdvantagePlusAgency. com.

Once your account has been established with APA Service, you have 24 hours within which to cancel your service and receive a refund, minus the setup fee and the cost of any minutes used on your toll-free number, if applicable.

Subject to the terms of this Agreement, APA Service will not provide you with access to the Internet when you connect to the Service. You are responsible for all charges associated with connecting to the Internet, including any telephone, access fees or other communications charges.

Although your APA Service account comes with a multitude of features, there may be extra charges to access certain premium services on the APA Service. The APA Service may provide access to a number of third-party vendors, who provide content, goods and/or services on the APA Service or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

We reserve the right to change your APA Service packages, fees, surcharges, monthly account fees or to institute new fees at any time upon thirty (30) days prior notice.

If you refuse to pay for the APA Service Service or your credit card declines any APA Service charges we will make a reasonable attempt to contact you. If we are unsuccessful at updating your account it will be suspended and eventually canceled. If your account is suspended or terminated, APA Service is not responsible for reimbursement of any money spent on advertising, potential or actual loss of sales, setup fees, ongoing monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Any remaining unused minutes will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period.

ACCOUNT HOLDER EXPRESSLY AGREES THAT THE USE OF THE SERVICE, THE SOFTWARE, THE CONTENT, AND THE INTERNET IS AT ACCOUNT HOLDER’S SOLE RISK. THE SERVICE, THE SOFTWARE, THE CONTENT, ANY PROVIDED THIRD-PARTY VIRUS CHECKING TECHNOLOGY, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THEY ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APA SERVICE DOES NOT GUARANTEE THAT ACCOUNT HOLDER WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL. THE APA SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR SOFTWARE PROVIDED OR USED BY US SHALL BE THE REPLACEMENT OF ANY APA SERVICE SOFTWARE FOUND TO BE DEFECTIVE. This disclaimer shall not apply to the extent that it is not permitted by law.

IN NO CASE SHALL THE APA SERVICE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR THIRD-PARTY DAMAGES, EVEN IF THE APA SERVICE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, and the above limitations may not apply to you. In such situations, the APA Service’s liability shall be limited to the extent permitted by law.

You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with the APA Service. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or APA Service enforcement or application of this Agreement; (2) any policy or practice of the APA Service, including the APA Service Privacy Policy, or the APA Service enforcement or application of these policies; (3) the content available through the APA Service or the Internet or any change in content provided through the APA Service; (4) your ability to access and/or use the APA Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

By "Content," we mean the text, software, communications, images, sounds and other information provided online. APA Service does not assume any responsibility or liability for content accessible through the Service that is provided by others. Keep in mind that we are not responsible for content available on the Internet. The APA SERVICE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, THE SOFTWARE OR THE CONTENT. APA SERVICE SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. As a APA Service Account Holder, you agree to follow the terms of this Agreement and you acknowledge that we have the right to enforce them at our sole discretion. This means that if you or anyone using your account violates this Agreement, we may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. We are not required to provide notice prior to terminating your account for violating these rules and standards, but we may choose to do so. If your account is suspended or terminated, the APA Service is not responsible for reimbursement of any money spent on advertising, potential or actual loss of sales, setup fees, ongoing monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Any remaining unused minutes will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period.

Your APA Service Account allows you to send and receive e-mails to and from other APA Service Accounts and users of the Internet. This does not mean that you may use the APA Service to send unsolicited bulk e-mail or junk e-mail (SPAM). Your APA Service Account and your authorization to use the APA Service e-mail service does not allow you to send unsolicited bulk e-mail or to cause unsolicited bulk e-mail to be sent by someone else (see APA Service’s ‘No Spam Policy’ under our AUP (Accepted Use Policy) or within your APA Service. Any violation of these provisions can subject your APA Service account to immediate termination and further legal action. If you have received junk e-mail and want to report it, forward the e-mail to abuse@AdvantagePlusAgency.com. We also reserve the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the APA Service network. If your account is suspended or terminated, the APA Service is not responsible for reimbursement of any money spent on advertising, potential or actual loss of sales, setup fees, ongoing monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Any remaining unused minutes will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period.

Should you decide to transmit to the APA Service or any APA Service Partner any materials or other information via the Service (including, but not limited to, any ideas, concepts or techniques), whether as information, feedback, data, questions, comments, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential. To the extent such materials or information are submitted to the APA Service or posted on a site controlled by us, you automatically grant the APA Service and assign a non-exclusive, royalty-free, worldwide, irrevocable license to use, copy, transmit, distribute, create derivative works of, display and perform the same.

You assume sole responsibility regarding the existence or effects of any virus, worm, Trojan horse, or other computer code that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, software, data, or other material which may be transmitted via the APA Service, the Software or the Content. Nonetheless, we will employ reasonable efforts to ensure that the Software is free of viruses, and may employ third-party virus checking software in providing the APA Service to you.

The APA Service or third-party affiliate may provide you with certain software, either on disk or by download, for use with the APA Service (the "Software"). We grant to you a non-exclusive, limited license to use the APA Service or affiliate’s Software. You may not sub-license or charge others to use or access the Software without first obtaining written permission from the APA Service. You may not modify the Software or use it in any way not expressly authorized by this Agreement. Except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the Software. All right, title and interest to the Software, including any adaptations or copies thereof and including any associated intellectual property rights, are owned by and shall remain with the APA Service and our third-party affiliate. This license does not convey to you an interest in or to the Software, but only a limited right to use, revocable in accordance with the terms of this Agreement.

We will occasionally provide automatic upgrades to improve your service experience. Service is subject to change without notice. These automatic enhancements to your Service will not increase the price of the Service unless you are notified otherwise in writing. Enhancements include, but are not limited to, the addition of features that the APA Service deems necessary, the removal of features that the APA Service deems nonessential, as well as repairs to defective software applications. You understand that our introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your computer and other equipment. Upon termination of your access to the APA Service, you should un-install the Software from your computer system and destroy all copies of the Software in your possession, if applicable.

Upon request by the APA Service, you agree to defend, indemnify and hold harmless the APA Service, and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from: (I) a breach of this Agreement for which you are responsible; or (ii) from the use of the APA Service, the Software, the Content or the Internet itself; or (iii) in connection with your transmission of any materials or other information on the Service. We reserve the right, at the APA Service’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by an Account.

The Term of this Agreement shall begin upon acceptance of its terms by you (e.g. by clicking on the "YES" button) and/or by subscribing to the Service, and shall continue until terminated. Either you or the APA Service may terminate your Account at any time by calling the APA Service’s Administration Department at 1 (800) 687-8066, by e-mailing us at customersupport@AdvantagePlusAgency.com, or by sending your cancellation request via United States Mail to: APA Service, c/o Customer Cancellation, 22048 Sherman Way, Suite 303, Canoga Park, CA 91303. The termination will take effect within seventy-two (72) hours of receipt of your request. You are responsible for contacting the APA Service to confirm that your account has been canceled as requested. You are responsible for any charges incurred during the current month of service or to third-party vendors or content providers prior to your cancellation. You acknowledge that the APA Service reserves the right to collect any and all past due fees associated with your account from the date your service was established through the date of termination.

Upon termination of your account, no refunds will be issued. Any remaining unused minutes on a terminated account will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period. The APA Service is not responsible for reimbursement of any money spent on advertising, potential or actual loss of sales, setup fees, ongoing monthly service fees, or any other monetary losses.

The Internet and online world is changing rapidly and as technology and our business continues to evolve, these policies may have to be updated or revised. For the same reasons, it may be necessary for us to update or revise certain provisions of this Agreement. By subscribing to the APA Service and accepting this Agreement, you agree that we may change the terms of this Agreement. If we make material changes or revisions to this Agreement, we will provide notice to you thirty (30) days in advance. In addition, we may revise the APA Service Privacy Policy and APA Service End User License Agreement terms from time to time without notice. You should check back here often for the most current version of the End User License Agreement. If you don't agree to the changes made by us to this Agreement, or the APA Service Privacy Policy, your only remedy is to cancel your APA Service account.

As noted above, Account Holder conduct may be subject to other local, State, national, and international laws. You agree to abide by all laws that are applicable to your use of the APA Service, Software and Content. You agree to refrain from all fraudulent, improper or illegal use of the Internet, including infringement of any copyright or trademark, unauthorized copying or transmission of software, access to or downloading of any obscene or unlawful material, or defamation or disparagement of any individual or entity. In addition, you agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the APA Service’s network any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Afghanistan, Sudan and Syria from gaining access to certain content on the APA Service.

The APA Service is a trademark of AdvantagePlusAgency.com.. The Business Center provided by APA are trademarks of EARNWARE Corporation. No right, license or interest to such trademarks is granted to you hereunder, and you agree that no right, license or interest shall be asserted by you with respect to such trademarks.

The APA Service shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of the APA Service, including equipment or telecommunications failure; labor dispute; or failure of any third party to perform any agreement with the APA Service that adversely affects the APA Service's ability to provide the Service or otherwise perform its obligation hereunder.

The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Account. You expressly agree that exclusive jurisdiction for any claim or dispute with the APA Service or relating in any way to your Account or your use of the APA Service services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving the APA Service or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

This Agreement represents your entire agreement with the APA Service. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that this Agreement and the APA Service Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. 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. The APA Service’s rights under this Agreement may not be waived unless contained in writing signed by an authorized representative of the APA Service. If any action related to this Agreement is brought by either party, the substantially prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

This Acceptable Use Policy (AUP) applies to ALL APA Service users, including but not limited to APA Service clients, end-users, agents, resellers and partners who sell products and services including their staff, customers and agents.

The APA Service reserves the right to modify this AUP at any time, effective upon public posting of this page.

It is imperative that the APA Service is never used to send unsolicited commercial messages defined below. This includes any form of commercial e-mail, automated phone call, or fax message. Failure to comply with this policy jeopardizes the APA Service's good standing with Internet Service Providers plus State and local governments around the world.

The APA Service cannot and will not let the actions of any one person jeopardize our business or the businesses of our clients.

The APA Service will terminate and may also prosecute anyone caught using the APA Service technology to send or support the activity of sending unlawful unsolicited messages of any kind. This includes hosting a website or web form on the APA Service that is promoted in an unsolicited commercial bulk-mail message.

If you need to report a spam offender that you believe to be using the APA Service to initiate or host the process of sending unsolicited commercial messages, please send a complaint to: abuse@AdvantagePlusAgency.com.

SPAM is defined under S-887 TITLE I--CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT OF 2003 and the CALIFORNIA BUSINESS AND PROFESSIONS CODE DIVISION 7, PART 3, CHAPTER 1 ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers (added by S.B. 186 (2003), approved September 23, 2003). If the SPAM e-mail has been sent to an address that has not requested it from YOU personally! An e-mail is still considered spam if you purchase an "opt-in" list or any other list and mail to it. There are many unscrupulous people and companies out there that will sell you an opt-in list and claim that the prospects really want to hear about your offer. This is not true. No one wants an e-mail inbox full of offers from hundreds of different spam marketers everyday. You must not send spam via our service or send spam that in any way implicates our services by including a website or e-mail domain that is hosted by EARNWARE technology. If you are not sure if your website or e-mail is hosted by EARNWARE, please contact customerservice@AdvantagePlusAgency.com. This includes mentioning/utilizing any APA Service-hosted e-mail address or web address in any bulk e-mail message, whether sent from our system or any others. Spamming is a big annoyance and a major detriment to the Internet industry. The APA Service does not promote, support, or approve of spamming in any way. New laws regarding spamming are currently pending in many states around the country. Spamming to or from e-mail service providers against their policy is a civil offense under CBP Code Section 17538.45. Violation of this policy may result in the imposition of civil liability against you in accordance with the law. In addition, the APA Service reserves the right to suspend or cancel the products or services of any APA Service user or subscriber in violation of this policy. You could be held liable for the payment of $50 per message, up to $15,000 per day. In addition, the APA Service reserves the right to suspend or cancel any subscribers' products or services that are in violation of this policy and our AUP without prior notice and without refund. Upon receipt of any confirmed spam violation, in addition to your civil liabilities, your account may be suspended for one or more weeks or terminated permanently at the APA Service's sole discretion. It is imperative that you adhere to this policy in order to be in good standing and avoid interruption in your service.

Federal law prohibits the sending of fax documents to any person or company without their prior consent. Under current law, the recipient of an unsolicited fax can collect the greater of $500 or actual damages for each unsolicited fax, and/or obtain an injunction against you and the APA Service. The APA Service does not promote, support, or approve of the sending of unsolicited faxes. Upon receipt of any confirmed complaint that you have sent unsolicited faxes from the APA Service, in addition to your civil liabilities, your account may be suspended for one or more weeks or terminated permanently at the APA Service's sole discretion. The APA Service is not responsible for reimbursement of monthly fees, money spent on advertising, or potential or actual loss of revenue due to suspension or cancellation of your account pursuant to a violation of this policy. If you need to report a spam offender that you believe to be using the APA Service to initiate or host the process of sending unsolicited messages, please send a complaint to: abuse@AdvantagePlusAgency.com .