Terms of Use

Welcome to the Eastern Educational Television Network, Inc., d/b/a/ American Public Television (a Massachusetts nonprofit corporation) (“APT” or “we” or “our” or “us”) website at www.CreateTV.com, as well as any other website, page, or digital platform owned or operated by us (together, the “Site”). These Terms and Conditions of Service (this “Agreement”) apply to those who visit and use the Site (“you” or “your” or “user”) and to all products and services provided by APT in connection with the Site (together, the “Site”).

BEFORE VIEWING OR BROWSING THE SITE OR USING THE SITE OR PRODUCTS, PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

BY CREATING AN ACCOUNT AND/OR COMPLETING A PURCHASE WITH US YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THIS AGREEMENT CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND APT. IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS AGREEMENT, THEN DO NOT USE THE SITE, CREATE AN ACCOUNT WITH US, OR MAKE ANY PURCHASE.

1. Privacy Policy. APT’s Privacy Policy, found at CreateTV.com/general/privacy, is hereby incorporated into this Agreement. Please read the Privacy Policy and this Agreement carefully for details relating to our collection, use, and disclosure of your Personal Information (defined therein).
2. Individual Features and Services. When using the Site, you may be subject to any additional posted guidelines or rules applicable to specific services, offers, and features that we may communicate from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or products or services provided through one or more of our partners or business associates, and you should refer to those before using such.
3. Modification. We may make modifications, deletions, and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Site or through the user interface, is sent to the e-mail address associated with any account you may create with us, or otherwise; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
4. International Access. The Site may be accessed from countries other than the United States. However, products or services through the Site may be only available for sale within the continental United States and U.S. territories. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site or available product or service is appropriate or available for use in other locations. Users may not download, use, export, or re-export any content posted including any APT Materials (defined herein) on or through the Site or any software or products utilized or available in connection with the Site or Products in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.
5. Ownership; Proprietary Rights. The Site is owned and operated by APT. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, Site, and all other elements of the Site that are provided by APT (“APT Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All APT Materials are the proprietary property of APT or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or Products are the property of their respective owners. Except as expressly authorized by APT, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the APT Materials.
6. Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every effort to display as accurately as possible the colors and images of our products and services that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. The APT Materials should never be relied upon as the sole basis for making any decisions to purchase products or services from APT. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the APT Materials. Any reliance on the APT Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
7. Third Party Sites. This Agreement applies to our Site. The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Site and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Site. You acknowledge and agree that APT is not responsible and shall have no liability for the content of such third party sites and services, products, or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.
8. Third-Party Services. The Services may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between APT and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which APT does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. APT shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Site in connection with any Third-Party Service complies with all agreements, policies, terms, and rules applicable to such Third-Party Services.
9. Uses and Prohibited Uses

   9.1. In connection with the use of the Site, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscurity, indecency, and copyright or trademark infringement. The APT Materials available on the Site may include intellectual property that is protected under the copyright, trademarks, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

   9.2. You shall not post, transmit, or make available in any way through the Site any software or other materials which contain a computer virus, Trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). APT has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the APT Materials on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

   9.3. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any APT Materials for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.

   9.4. As a condition of your use of the Site, you will not use such for any purpose that is unlawful or prohibited by this Agreement. Access to the APT Materials or the Site from locations where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.

   9.5. Any use of any of the APT Materials other than for private, non-commercial use is strictly prohibited.

   9.6. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Site. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. Any resale or commercial use of the Site or the APT Materials is prohibited, as is the distribution, public performance, or public display of any APT Materials, the sending of any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, the collecting or storing any personal information from other users of the Site, and any use of our Site or the APT Materials other than for their intended purpose.

   9.7. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

   9.8. You may not utilize framing techniques to enclose any trademark, logo, or other APT Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing APT’s name or trademarks without our prior, express, written consent.

   9.9. You may not deep-link to the Site and shall upon notice from APT promptly remove any links that APT finds objectionable in its sole discretion. You may not use any APT logos, graphics, or trademarks as part of the link without our prior, express, written consent.

   9.10. You may not send junk or unsolicited mail to other users of the Site, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

   9.11. Any use of our Site or the APT Materials other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate any license or rights granted herein. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the orders and/or accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

10. Information. In order to access certain aspects of the Site, you may be required to create and account and/or provide specific information. All information about you must be truthful. Any account or access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your account and access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
11. User Communications. Under this Agreement, you consent to receive communications from APT electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our Site may also allow users to create, upload, and share information in connection with the Services. The Site, including social media pages or sites connected to APT, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
    • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);
    • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law; User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
    • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;
    • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
    • User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
    • User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
    • User Content that attempts to disrupt the Site or services offered.

    We may from time to time provide interactive services on our Site, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

12. Ownership of Feedback, Testimonials, User Content; User Warranty and Indemnification

    12.1. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations (“Feedback”) to us. You hereby agree that APT alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provided to APT in any media regarding APT Materials, and accordingly hereby assign such to APT without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.

    12.2. From time-to-time, APT may permit end-users to submit reviews and testimonials regarding certain of aspects of the Site, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to APT the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to APT that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did APT provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of APT; (c) you are not an immediate family member of an employee, officer or director of APT; and (d) you are not living in the same household with an employee, officer, or director of APT. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval. APT shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release APT from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that APT shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to APT.

    12.3. You also hereby grant APT a nonexclusive, royalty-free, full-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the APT Materials on or in any and all media (now known or hereafter developed) as APT deems necessary to its business. This license survives termination of this Agreement. We reserve the right, and have absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Products, at your sole cost and expense.

    12.4. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share User Content in accordance with this Agreement and (b) no User Content, when used to provide Services hereunder, infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights.

    12.5. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS APT AND, IF RELEVANT, ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL PROCEEDING TO THE EXTENT ARISING FROM OR ANY ACT OR OMISSION OF OR BY YOU IN RELATION TO PRODUCTS, USER CONTENT, OR YOUR BREACH OF THIS AGREEMENT. Your indemnification obligations under this Section are contingent upon: (a) APT providing you with prompt written notice of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) APT providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain APT 's written consent prior to entering any settlement which admits guilt or culpability on the part of APT or requires APT to take any action (such consent not to be unreasonably withheld).

13. Availability of Services. APT may make changes to or discontinue any of the media, contests, content, products, or services available within the Site at any time, for any reason, and without notice. APT makes no commitment to update the media, contests, content, products, or services on the Site.
14. Notice. Except as explicitly stated otherwise, legal notices shall be served by a user on APT’s national registered agent, or by APT to the email address you provide to APT during any account registration process. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Site. In such case, notice shall be deemed given three (3) days after the date of mailing.
15. Violations; Termination.

    15.1. You agree that APT, in its sole discretion and for any or no reason, may terminate any APT user, member, or account (or any part thereof) or your use of the Site, at any time. APT may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice.

    15.2. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Site and services and/or terminate accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.

    15.3. You agree that any termination of your access to the Site or any account you may have with us or portion thereof may be effected without prior notice, and you agree that APT shall not be liable to you or any third-party for any such termination. APT does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities.

    15.4. APT also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of APT, its users, and the public. APT also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.

    15.5. These remedies are in addition to any other remedies APT may have at law or in equity. You agree that APT shall not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination will survive any termination of this Agreement.

16. Disclaimers; No Warranties.

    16.1. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS OR SERVICES OFFERED VIA THE SITE ARE SUITABLE FOR USE OR USE. APT HAS NO OBLIGATION TO MONITOR OR CONTROL ANY INFORMATION THAT IS OR BECOMES AVAILABLE ON THE SITE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APT, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. APT, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    16.2. APT, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT APT NOR ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification; Hold Harmless. You agree to indemnify and hold APT, and its vendors, agents, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. APT reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APT OR ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, THE APT MATERIALS ON THE SITE, THE PRODUCTS OR SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH APT, EVEN IF APT OR A APT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, APT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL APT’S OR ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO APT IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN APT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APT AND YOU.
19. Dispute Resolution. You agree, and APT also agrees, to negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel for each party any dispute between them that may arise. Each of us may, by mutual consent, retain a mediator to aid in their attempt to informally negotiate resolution of any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties, nor will any opinion, statement or proposed resolution expressed by the mediator or the parties be admissible in any proceeding. Costs of the mediation will be borne equally by the parties thereto, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts located in Massachusetts to resolve any dispute arising out of this Agreement or your access to or use of the Site, Site Materials, or any products or services we provide, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20. Class Action Waiver. YOU AGREE, AND APT ALSO AGREES, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
21. Miscellaneous.

    21.1. Minors. The Site is not directed to minors under the age of eighteen (18). Consistent with applicable law, we do not knowingly collect personal information from minors under the age of eighteen (18) without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors under the age of eighteen (18) without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete it.

    21.2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any principles of conflicts of law. EACH OF YOU AND APT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH OF YOU AND APT HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND APT ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO THIS AGREEMENT.

    21.3. Force Majeure; Waiver. APT is not liable or responsible, nor shall be deemed to have defaulted under or breached this Agreement, for any failure to perform or delay in performing its obligations under this Agreement due to an event of force majeure. An event of force majeure is any event or circumstance beyond APT's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

    21.4. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

    21.5. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APT without restriction.

    21.6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

    21.7. Entire Agreement. This Agreement, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein.

    21.8. Claims. YOU AND APT AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST APT ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    21.9. Copyright Complaints. If you believe that anything on our Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

    Compliance Notices
    Eastern Education Television Inc D/B/A American Public Television
    (617) 338-4455
    ComplianceNotices@APTonline.org

    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

    21.10. Disclosures / Contact Information. The Site is operated by American Public Television, 55 Summer Street, Boston, Massachusetts 02110, email: info@APTonline.org. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.