Terms of Use
Effective: July 31, 2019
Last Updated: December 4, 2025
1. INTRODUCTION AND ACCEPTANCE
The American Printing House for the Blind (“APH”, “we”, “us”, and “our”) provides you access to its website located at APH.org, as well as any affiliated or related websites, networks, applications, products, and services on which these Terms of Use (“Terms”) are posted. These Terms, together with our Privacy Policy and any Additional Terms which might apply to certain products or services, govern your use of our websites (“Website”), products, or any of our mobile widgets, services, other applications (“Applications”), and other services or platforms where these Terms are posted (collectively, our “Services”).
Government Users: If you are accessing the Services on behalf of a federal, state, municipal, or other government organizations (“Government”), you acknowledge that these Terms do not bind individual Government users, and the Government will be solely responsible for any use of the Services. Any provisions inconsistent with applicable federal, state, or local law or regulation or government order (each, a “Law”), as further described in the “Government Exceptions” Section below, shall be deemed inapplicable or modified to comply with such Law. Any such terms will be null and void as between APH and the Government, and those terms will have no force or effect in any resulting contract, purchase order, or other binding instrument between APH and the Government.
Acceptance: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE OUR SERVICES.
2. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features associated with our Services and all IP Rights that may appear in our Services are owned by us or third parties we may identify (collectively, the “Service Content”). “IP Rights” means all trademarks, service marks, trade names, trade dress, copyrights, patents, and all other intellectual property rights. Except for the limited use rights granted to you in these Terms, you do not gain any right or ownership in our Services or any Service Content. Any rights not expressly granted in these Terms are expressly reserved.
3. USER REGISTRATION & PROMOTIONAL MESSAGES
(A) Registration: To access or use certain features of our Services, you might have to become a registered user. If you are under the age of 13, you are not allowed to register as a user, sign up for any promotional messages, or otherwise provide us any personal information without verifiable parental consent. If you become a registered user, you will provide true, accurate and complete registration information and, if your information changes, you will promptly update your registration information. You are solely responsible for safeguarding and maintaining the confidentiality of your account. You are solely responsible for the activity that occurs under your account, whether or not you have authorized the activity. You agree to contact us immediately if you become aware of any breach of security or unauthorized use of your account.
(B) Promotional Messages: Our Services may include sending you promotional messages. To receive any of these communications from us, you will have to register and provide certain information about you. Our use of information you provide is governed by our Privacy Policy.
(i) Emails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication (e.g., using the “Unsubscribe” feature in the footer of emails).
(ii) Text/SMS Messages. The following specific terms also apply to our recurring Text/SMS message service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service, but “Message and Data Rates May Apply”; which means, depending on your plan with your wireless carrier, you may receive message and/or data charges by your wireless carrier for each message; (2) by enrolling in the Message Service, you certify you are either the account holder or otherwise responsible for paying any wireless carrier charges for the Message Service or, if you are under 18, that you have permission from the person responsible for any such charges; (3) you may opt-out of receiving messages from us as set forth in our Privacy Policy, or by texting “STOP” to any of our messages; (4) we are not aware of any wireless carriers that do not support our Message Service, but you must have a text or SMS enabled mobile phone; (5) we do not guarantee or warrant that you will receive any of our messages; and (6) our Message Service may be administered by a third party (the “Administrator”) and reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms.
4. ACCESS AND USE
(A) Limited License: Services may be free, subject to a one-time fee or ongoing subscription, or offered under any other lawful pricing structure, but our Services are not being sold to you; you are being granted a limited license to use our Services. The license to use any of our paid Services does not necessarily transfer across operating systems and/or different devices.
(B) Third-Party Terms: IN CERTAIN INSTANCES, YOUR USE OF OUR SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.
(C) App Store: You agree that the availability of our Applications and related Services is dependent on the third-party which provides the Application license, e.g., the Apple iTunes, Google Play, or other app stores (“App Store”). You acknowledge that these Terms are between you and APH and not with the App Store. APH, not the App Store, is solely responsible for its Services, including the Application and its content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services. You agree to follow—and your license to use the Application is conditioned upon your compliance with—all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
(D) Service Availability: APH may discontinue or modify the Services, in whole or in part, at any time. When using our Services, you agree to follow all applicable Laws. Except as expressly permitted in these Terms, or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or the applicable owner of third-party content. In certain instances, we may allow you to download, install, and/or print Service Content. In such case, you may do so only in the authorized manner. You acknowledge that you do not get any ownership rights by downloading, installing, or printing Service Content.
(E) Ownership: Any software that is made available to view and/or download in connection with our Websites is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software.
(F) Third-Party Content: We do not control the availability and content of outside services and resources which may be linked in our Services or Service Content. Any concerns about any such service or resource, or any link thereto, should be directed to that service or resource.
(G) Use Restrictions: Except as expressly allowed in these Terms, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose (except for that which routinely occurs using bona fide search engines) without our express written permission;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, usernames, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any part of our software or other Service Content, or our Services;
(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) encourage conduct that violates any Law, either civil or criminal, or impersonate another user, person, or entity;
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(H) Cooperation: You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
(I) Responsibility: You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all applicable Laws at all times. You assume sole responsibility for your use of the Services and Service Content.
(J) AI Use: You acknowledge that the Services may be used in conjunction with third-party artificial intelligence tools or may include AI-generated outputs. APH is not responsible for any use, reliance, or consequences arising from such AI tools or outputs, whether incorporated into or used alongside the Services by you or any third party.
5. E-COMMERCE
You must be eighteen (18) years of age or older to make purchases. We reserve the right to limit quantities and cancel orders. We do not warrant that product descriptions or other content of our Websites are accurate, complete, reliable, current, or error-free. If a product offered by us is not purchased as described, your sole remedy is to return it in unused condition. Incorrect pricing may result in cancellation and refund for the amount charged. We may automatically charge and withhold the sales tax for orders based on the applicable state sales tax rate and the location to which the item is being shipped. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. All requests for service and support for items purchased from us should be made directly to the manufacturer per their terms and conditions.
6. UNSOLICITED IDEAS
Do not send unsolicited ideas or materials of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following provisions will apply, notwithstanding any cover letter or other terms that accompany them:
(A) We have no obligation to review or keep confidential any Unsolicited Materials;
(B) We will own and may use and redistribute Unsolicited Materials freely without acknowledgment or compensation, and by submitting Unsolicited Materials to us, you automatically grant, or represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Unsolicited Materials (in whole or in part) as we, in our sole discretion, deem appropriate;
(C) It is solely your responsibility to monitor and protect any IP Rights that you may have in your Unsolicited Materials, and we do not accept any responsibility for the same; and
(D) You are solely liable for any damage resulting from your failure to obtain IP Rights permissions from the applicable third party owner of such rights in your Unsolicited Materials or from any other harm resulting from Unsolicited Materials that you submit.
7. SERVICE CONTENT & THIRD-PARTY LINKS
(A) Reliance: We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) PRODUCT/HEALTH CLAIMS: Any health-related Service Content available is not intended to be a substitute for professional medical advice. OUR SERVICES AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY ILLNESS OR DISEASE. WE PROVIDE THIS INFORMATION FOR EDUCATIONAL PURPOSES ONLY. IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT YOUR PHYSICIAN BEFORE ACTING ON ANY SUCH INFORMATION, ESPECIALLY IF YOU ARE PREGNANT, NURSING, IMMUNE SYSTEM OR RESPIRATORY SYSTEM COMPROMISED, OR TAKING MEDICATION. APH does not warrant the validity of any such health-related statements found on or through our Services. You should always consult with your physician and should never disregard professional medical advice, or delay in seeking it, because of something you have read on or through our Services.
(C) Third-Party Links: Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities. Our Services may link or have links to other websites maintained by third parties. We do not run or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred due to your dealings with any third-party or their website.
(D) AI Use: Service Content may include or be used in conjunction with AI-generated outputs or third-party AI tools. We are not responsible for any use, reliance, or consequences arising from such AI content or tools.
8. INDEMNIFICATION
(A) Obligation: You agree to indemnify and hold harmless APH and its officers, directors, employees, parents, partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “APH Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) Unsolicited Materials provided by you or through use of your account; (iii) any actual or alleged violation or breach by you of these Terms; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
(B) Business Users: If you are using our Services on behalf of a business or other organization, that business or organization accepts these Terms and is bound to the above “Obligation” section.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, APH PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. LIMITATION ON LIABILITY
(A) INDIRECT DAMAGES: UNDER NO CIRCUMSTANCES SHALL ANY OF THE APH PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.
(B) DIRECT DAMAGES: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY ALL OF THE APH PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY APH DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
11. TERMINATION
(A) Termination: We reserve the right in our sole discretion and at any time to terminate or suspend your account or access to our Services for any reason including, without limitation if you have failed to follow these Terms. You agree that APH is not liable to you or any third party for any such termination or suspension.
(B) Effect: Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive including, but not limited to, the IP Rights of APH or its licensors, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the “Miscellaneous” Section below.
12. COPYRIGHT POLICY
(A) Purpose: We respect the IP Rights of others and may, at our sole discretion, terminate and/or disable the account of users suspected of infringing the IP Rights of others. Additionally, at our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) DMCA Agent: In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we respond to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
American Printing House for the Blind,
ATTN: Office of Technology/CIO
1839 Frankfort Avenue
Louisville, KY 40206
Phone: 1-800-223-1839
Fax: 502-899-2284
Email: office.cio@aph.org
(C) DMCA Notice Requirements: If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
(iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the written notice is accurate.
(vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
13. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be governed by the laws of the Commonwealth of Kentucky without regard to its conflict of laws rules. Any permitted legal proceedings against APH that may arise out of, relate to, or be in any way connected with our Website, Applications, or other Services, or these Terms, shall be brought exclusively in the state and federal courts applicable to Jefferson County, Kentucky and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. DISPUTE RESOLUTION & MANDATORY ARBITRATION
(A) Informal Resolution: Before starting any formal dispute resolution, the parties agree to try to resolve disputes informally by providing a written description of the issue and proposed resolution. You agree to contact us with disputes by contacting us at American Printing House for the Blind, ATTN: Office of Technology/CIO, 1839 Frankfort Avenue, Louisville, KY 40206, 1-800-223-1839 (phone), 502-899-2284 (fax). We will contact you based on the contact information you have provided us.
(B) Mandatory Arbitration: If unresolved after 30 days, the dispute may only be sent to arbitration administered by the American Arbitration Association (“AAA ”) under its Rules of Arbitration in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from AAA directly. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(C) Law Governing Arbitration: We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(D) NO CLASS ACTIONS: TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(E) NO TRIAL BY JURY: TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. AMENDMENT; ADDITIONAL TERMS
(A) Change in Services or Terms: We reserve the right in our sole discretion and at any time and for any reason, to change or discontinue any aspect or feature of our Services or to change these Terms. We may also provide you with additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
(B) Acceptance of Changes: Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms from time to time for any changes or Additional Terms. You accept any changes via continued use of the Services; if you object to any changes to the Terms or to any Additional Terms, you must stop using our Services and terminate your account.
16. GOVERNMENT EXCEPTIONS
Notwithstanding anything to the contrary in these Terms, if you are a Government using the Services in an official capacity, the following exceptions apply. For the avoidance of doubt, this Section “Government Exceptions” shall control in the event of conflict with any other provisions in these Terms if you are a Government; this Section shall have no effect if you are not a Government:
(A) No Binding of Individual Users: These Terms do not bind individual Government employees. The Government entity is solely responsible for use of the Services.
(B) No Tax Obligations Without Adjudication: The Government shall not be responsible for taxes in the “E-Commerce” Section unless adjudicated by the contracting officer or included in the applicable contract award.
(C) No Indemnification: The “Indemnification” Section shall not apply to Governments statutorily barred from entering indemnification clauses. Any indemnity obligations shall be interpreted in accordance with applicable Law.
(D) IP Indemnity: If a third party claims that Services or Products delivered under these Terms infringe that party’s IP Rights, APH will indemnify the Government against liability, at APH’s expense, and pay all costs, damages, and attorney’s fees that a court finally awards or that are included in a settlement approved by APH, provided that the Government promptly notifies APH of the claim and gives APH such opportunity as is offered by applicable Laws to participate in the defense thereof. The Government shall make every effort to fully participate in the defense and/or in any settlement of such claim. However, APH understands that such participation will be under the control of the U.S. Department of Justice, per 28 U.S.C. § 516.
(E) No Equitable Relief or Attorney’s Fees: Equitable remedies and attorney’s fees are only available to the extent permitted by statute (e.g., Equal Access to Justice Act).
(F) Limited Disclaimer: For Government, the “Disclaimer of Warranties” Section shall only apply to the extent permitted by Law.
(G) Limitation of Liability: In some jurisdictions, and for some Governments, limitations of liability are not permitted. In such instances, some of the limitations set forth in the “Limitation of Liability” Section may not apply to you. These limitations shall only apply to the fullest extent permitted by Law.
(H) No Unilateral Termination or Modification: APH may not unilaterally terminate or modify terms applicable to the Government except as otherwise permitted by applicable Law or in a signed writing between APH and Government.
(I) No Mandatory Arbitration or State Law Venue: Disputes shall be resolved under the Contract Disputes Act and applicable Law. Accordingly, the “Choice of Law; Jurisdiction and Venue” and “Dispute Resolution & Mandatory Arbitration” Sections do not apply.
Any terms inconsistent with any applicable Law shall be deemed inapplicable or modified to comply with such Law.
17. MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any other breach or default. The section headings of these Terms are for convenience only and shall not be given any legal import. If any part of these Terms is unlawful or unenforceable for any reason, we both agree that only that part of the Terms shall be removed, and the remaining terms in the Terms shall remain in full force and effect. These Terms (including the Privacy Policy and any Additional Terms) constitute the entire agreement of the parties with respect to the subject matter of these Terms and supersede all previous written or oral agreements between us with respect to such subject matter. You may not assign these Terms, in whole or in part, without our prior written consent. Any purported assignment or delegation by you without the appropriate prior written consent will be null and void. We may assign these Terms or any rights in these Terms without your consent and without notice.
These Terms of Use apply to customers, visitors, and other external users. APH employees are instead governed by internal policies and employment agreements covering their use of company systems and services.