PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THIS TERMS OF USE. IT AFFECTS HOW DISPUTES ARE RESOLVED.

Welcome to A course and other personal finance products and services. These Terms of Use govern your use of www.APFSC.org, a website and online platform owned by American Pacific Financial Services Corp (APFSC) “Company,” “We,” “Our”), which also includes all related widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use APFSC.

Acceptance of Terms of Use

Please read these Terms of Use, and our Privacy Policy, very carefully. When prompted, please click or press “Submit” or “Accept” if you agree to be legally bound by all the terms and conditions herein. Your acceptance of these Terms of Use creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms of Use, then do not click or press “Submit” or “Accept,” in which case you may not use the Services. By accepting the Terms of Use and creating an account, you represent and warrant that the information you include on the Website is accurate and that you have the capacity to enter one and abide by these terms and conditions.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of Use at any time. The date of last modification is stated in the footer of these Terms of Use. 

When we make any updates to these Terms of Use, we will highlight this fact on the website or online platform. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use of the Services will constitute your acceptance of the revised Terms of Use.

Your APFSC Account

Access to the Services is only available to registered users who have expressly agreed to these Terms of Use and our Privacy Policy.  You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether such activity was authorized by you.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your account at any time by contacting us at compliance@apfsc.org

Mandatory Disclosures

APFSC is approved to issue certificates evidencing completion of a pre-bankruptcy credit counseling course in compliance with the Bankruptcy Code. Approval does not endorse or assure the quality of a Provider’s services.

This course is available on the Internet 7 days a week, 24 hours a day, 365 days of the year.

Our normal business hours are Monday – Friday 8 am to 5 pm PST. A live counselor will be available during this time to answer any questions. For questions that arise outside normal business hours, a counselor from APFSC will answer the question before 12pm EST the following business day.

We provide Free Spanish bilingual assistance with the course. Please call 1-800-682-4007 during our normal business hours of Monday – Friday 8 am to 5 pm EST for assistance in Spanish. For other languages, you may visit the US Trustee website.

As per U.S. Trustee Guidelines, we have an obligation to provide a certificate to the client promptly upon completion of the counseling services. We will only provide a certificate of completion once the debtor has completed the online portion of the course and speaks to a counselor. A counselor will be available during normal business hours of Monday – Friday 8 am to 5pm PST. The counselor will discuss a. Analysis of current financial situation; b. Factors that caused such conditions; c. Assistance in developing a plan to respond to problems without incurring negative amortization of debt.

Our counselors are certified by the Partnership for Financial Education.

The counselors at APFSC that will be providing your bankruptcy credit counseling briefing are experienced and trained professionals that have received in-depth training in our program. They are skilled at helping you understand the materials presented and help you apply the new skills in your life. Each counselor has experience in accounting, financial planning, credit counseling, or personal financial management.

The counselors at APFSC may answer general questions about bankruptcy but are prohibited from providing legal or tax advice. If you require legal or tax advice, please seek the assistance of an attorney or tax professional.

Our policy prohibits us from paying or receiving referral fees for the referral of debtors.

The sole source of funding for APFSC comes from clients that take the credit counseling course.

We will NOT provide the certificate of completion to the Bankruptcy Court on your behalf. To ensure that you and your attorney receive the certificate of completion, it is your responsibility to ensure that the contact information provided for you and your attorney is correct. You are solely responsible for ensuring that you and your attorney receive the certificate of completion in a timely manner.

We might disclose debtor information to the United States Trustee in connection with the United States Trustee’s oversight of APFSC, or during the investigation of complaints, during on-site visits, or during quality-of-service reviews.

No information gathered or the results of the Credit Counseling session will be disclosed to any Credit Reporting Agency. The completion of this credit counseling session will not negatively impact your credit rating. However, your credit report or score may be negatively impacted by filing bankruptcy or choosing an alternative to bankruptcy that results in you making less than the contractual payments to your creditors. Such alternatives may include, but are not limited to, debt management, debt settlement, making partial payments of the amount due, or non-payment.

You have the opportunity to negotiate an alternative payment schedule or debt management plan (DMP) for your unsecured debt. We Do provide this service. You may incur additional fees in connection with a debt management plan.

The United States Trustee has reviewed only the instructional course provided by F. The United States Trustee has neither reviewed nor approved any other products or services provided by APFSC to debtors.

Fees

APFSC will charge a fee of $19.95 per household taking the Internet Course. All the course material is presented online and is included in the above fee. This fee also includes any fees associated with generation of the certificate. This fee will be the same for all approved judicial districts. We offer an optional service of mailing a hard copy of the certificate via USPS First Class mail for a fee of $9.95 per person. We only ship to the 50 US states and Puerto Rico. These fees will be the same for all approved judicial districts.

APFSC provides this course to any debtor student without regard to the debtor student’s ability to pay the course fee.

You will become eligible for a full or partial fee waiver if your current household income is less than 150% of the income of the official poverty guidelines as identified by the United States Department of Health and Human Services applicable to a household or family of the same size.

APFSC will determine your eligibility for a fee waiver during registration by asking you to input your household income, family size, and selecting the state where you reside. If your household income is less than 150% of the income of the official poverty guidelines as identified by the United States Department of Health and Human Services applicable to a household or family of the same size, you will be presumed unable to pay and become eligible for a full or partial fee waiver. You will be required to complete our fee waiver request form and a determination will be made within 72 hours and you will be notified via email. For fee waiver requests received on Friday after 5pm PST, the determination will be made on the following Monday.

You will receive a partial waiver of $4.00 off the course fee if:

• You have paid $500 or more to an attorney or legal service to assist with your case; or
• You have assets of $2000 or more.

If you are eligible and the above partial fee waiver factors do not apply, you will receive a full fee waiver.

The fee waiver only applies to the pre-filing bankruptcy credit counseling course fee. The fee waiver does not apply for any upgrades, or any other products or services offered by APFSC.

Payment and Refund Policy

You may pay for your order by Credit Card (Visa, MasterCard, American Express, Discover), Bank Check Card. The accepted methods of payment may change at APFSC sole discretion. Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion. Your credit or debit card is generally charged upon receipt of your order.
To obtain a full refund of fees paid to APFSC, you may send an email to compliance@apfsc.org or call us at 1-800-682-4007. You may only request a refund after you have made payment and before a certificate of completion has been generated. The certificate generation date and time are stamped on the certificate. Once a certificate of completion has been generated, there will be no refund granted.

Refund requests made after 4 months after the initial purchase date will not be granted.

For payments made by use of an Attorney Billing Code, a refund will be reflected on the attorney’s invoice.

Changes to the Services, Accounts, and Pricing

The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavors to notify registered users of such decision in advance.

We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.

 

Certificate Delivery

If you purchase the optional service of receiving a hard copy of the certificate via USPS First Class mail, we will mail the certificate based on the following schedule:

• Purchases made before 12pm PST will be mailed the next day.
• Purchases made at or after 12pm PST will be mailed the following business day.
• Purchases made at or after 12pm PST on Friday and purchases made during Saturday and Sunday will be mailed on Monday.
• If a mailing date according to the above schedule is a holiday, the certificate will be mailed the next business day.

As we cannot control when USPS will deliver the certificate, if you need the certificate immediately, please download the certificate from your account.

Attorney Certificate Filing

By checking the appropriate box and registering for an Attorney Portal Account, you authorize  American Pacific Financial Services Corp (“APFSC”), to file your clients’ certificates with the bankruptcy court.

APFSC does not charge an additional fee for this service. This service is available in all jurisdictions except Guam. This service is available only for the second bankruptcy course at Debtoredu.com. Once APFSC receives your request, we will create an Attorney Portal Account for your law firm and email you a confirmation. We will notify you by email when APFSC will begin filing your clients’ certificates with the Bankruptcy Court.

APFSC will file your clients’ certificates only during regular business hours of Monday – Friday 8 am to 5 pm PST. No certificate will be filed outside of these regular business hours. APFSC will file the certificate within 1 business day of course completion. Similarly, if a certificate is amended or re-generated, APFSC will file the updated certificate within 1 business day. APFSC observes the following holidays during which certificates will not be filed: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and the day after, and Christmas day. Certificates scheduled to be filed on these days will be filed by APFSC the next business day.

When a client inputs your email during registration, our system will mark that client’s certificate to be filed with the court. As such, it is very important that you advise your clients to input your email on the Attorney Information page on our website so we are made aware that their certificate should be filed. Similarly, if you have been assigned an Attorney Billing code and the client inputs that code during payment, their certificate will be marked to be filed. If your emails change, it is your responsibility to notify us of the updated email addresses.

By using this service, you understand that APFSC will file every second bankruptcy course certificate associated with your law firm with the Bankruptcy Court. If you do not want APFSC to file a specific certificate, it is your responsibility to provide written notice. Once a certificate has been filed, you will receive notice directly from the Bankruptcy Court, at the email address that the court has on file for your law firm. If you do not receive this email, it should put you on notice that the certificate has not been filed. APFSC does not guarantee that every certificate will be filed accurately by APFSC. It will be solely your responsibility to check the court’s docket to ensure that the filing has been completed and filed accurately.

By agreeing to use this service, you agree that APFSC is not liable for any damages caused by the lack of filing a certificate or the improper or inaccurate filing of a certificate, including, but not limited to, damages caused by APFSC or negligence. If you choose to terminate this agreement, you must provide notice of termination in writing. APFSC reserves the right to terminate this service agreement at any time by providing written notice.

Bankruptcy Records

APFSC provides a service of obtaining bankruptcy records by utilizing a subscription to the Public Access to Court Electronic Records (PACER). Bankruptcy records are public information and may be provided to anyone that makes a request with valid information and pays the required fee. The fees charged by APFSC are for the service of obtaining and sending the bankruptcy records. We do not modify the bankruptcy records in any way. We do not guarantee that the records will be accepted or considered valid for any purpose. We reserve the right to deny this service or refuse to provide records to any user. In such case, if payment has already been made, a full refund will be granted.

Once the records are provided, there will be no refunds. The records will be considered provided when we obtain the records and send them to you by email to the email address provided during purchase. It is your responsibility to ensure that you check your SPAM folder for emails from us. If APFSC is unable to obtain the requested bankruptcy record, a full refund will be granted. If a bankruptcy case is still pending and has not been discharged, we will contact you and you may choose to wait for the discharge before you receive the bankruptcy records or you may request a full refund.

Your Use of the Services

Subject to your strict compliance with these Terms of Use, APFSC grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate text, graphics, software, photographs, videos, data, and other materials (collectively “Content”), view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

 (iii) You must not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on APFSC either from the account you were blocked from or any other account.

(vi) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

• any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion.
• any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
• any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion.
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user’s use and enjoyment of the Services; or
• any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that APFSC has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

 

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by APFSC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of APFSC or its affiliates or licensors. You must not use such marks without the prior written permission of APFSC All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of APFSC do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through APFSC, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

1. A description of the copyrighted work that you claim is being infringed.
2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material.
3. Your address, telephone number, and email address.
4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Our designated copyright agent to receive such claims can be reached at compliance@apfsc.org. We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with the California Consumer Privacy Act (CCPA). In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.

Third Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” 

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability
THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

ALTHOUGH NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

1. ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES.

(B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES.

(C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES.

(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES.

(E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL.

(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; 

(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE. 

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

(i) any violation by you of these Terms of Use; or 

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. Sec. 101 et seq.

Applicable Law and Jurisdiction, Mandatory Arbitration, Class Action Waiver and Other Restrictions

If a dispute arises between you and APFSC, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New Jersey, without reference to their rules regarding conflicts of law. 

If a dispute arises, APFSC and the User agree to try for 30 days to resolve it informally. If the dispute cannot be resolved informally, the User acknowledges and agrees that any claim or dispute with APFSC and/or its agents, employees, whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. User agrees not to sue in court in front of a judge or jury. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. A neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the Federal Arbitration Act (“FAA”).
At least 30 days prior to initiating arbitration, the User shall provide APFSC with written notice of the User’s intent to seek arbitration that briefly describes the nature of User’s claim or dispute and the amount of money and other relief User is seeking pursuant to the claim or dispute. The notice shall be submitted to:

American Pacific Financial Services Corp

30021Tomas St Suite #300

Rancho Santa Margarita, CA 92688

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. APFSC will, however, reimburse user for these fees for claims seeking less than $2,000 unless the arbitrator determines the claims are frivolous. Likewise, APFSC and its agents and employees will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

The User and APFSC and its agent and employees agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.

The User and APFSC and its agents and employees agree that no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, if any portion of this Mandatory Arbitration, Class Action Waiver and Other Restrictions provision is deemed invalid or unenforceable, then the entire provision shall not apply.
These Terms and Conditions govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. APFSC and the User must initiate arbitration for any claim or dispute within one year from when it first could be filed. Otherwise, it’s permanently barred.

Termination

You agree that APFSC may terminate your account at any time for your violation of any of the provisions of these Terms. If you are dissatisfied with APFSC Services, please let us know by contacting us at compliance@apfsc.org Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of APFSC in providing the Services, or (d) any content or information transmitted through the Services, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of all parts of our Services and providing APFSC notice of termination by contacting us at compliance@apfsc.org

 

Complete Agreement
These Terms constitute the entire agreement between you and APFSC with respect to the use of the APFSC Site and Content. Your use of the APFSC Services is also subject to the APFSC Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Us

For questions or comments about the Terms, please contact us at Compliance@apfsc.org