Terms of Use

Apollo Audiobooks, LLC Terms of Use (Abbreviated)
*See below this section for "APOLLO AUDIOBOOKS LEGAL NOTICES (FULL LENGTH)"
Effective 09/01/2008
Updated 09/08/2010 

Terms of Use - Purchases
A La Carte Downloads

Apollo Audiobooks, LLC (hereafter “Apollo”) provides download audiobooks and eBooks are available a-la-carte via our website ( HYPERLINK "http://www.ApolloAudiobooks.com" www.ApolloAudiobooks.com) in MP3 and PDF formats, respectively. Downloadable MP3 and PDF files are tested for use on current MP3 players and PDF readers at the time of initial publication of the work. No warranty is made for their use. The customer is solely responsible for obtaining and maintaining compatible software and hardware that will play and/or read the content in a manner acceptable to the consumer. The latest version of Adobe Acrobat may be found at Adobe.com. We strongly recommend that you make a physical backup, such as a CD, of your download audio books, as licenses cannot be reissued once claimed. The customer shall have SEVEN (7) DAYS from the date of purchase of an audiobook or eBook to download ONE (1) and ONLY ONE copy of the content from the Apollo site to a personal computer, MP3 player, or other suitable listening or viewing device. If the product has not been downloaded within seven (7) days of purchase, the purchaser forfeits all claim to the license for that product.

If you claim a license for a download audiobook or eBook and find that the content is faulty, please contact us at info@ApolloAudiobooks.com. If the file is determined to be faulty, we will replace the file with a correct copy. Apollo offers no refunds on any product that is downloaded from the Apollo website. If the file is determined to be correct, we will attempt to help you resolve the problem, however you are solely responsible for ensuring your computer and hardware and software components are compatible Apollo’s download content.

Physical textbooks may be made available from our partners and/or affiliates through links in the Apollo website. Apollo assumes no liability and makes no warranty regarding the quality, delivery, privacy, and/or any other aspect of the purchases made from these websites. We strongly suggest you read the terms of use and privacy policy of each, and every, website from which a product is purchased, regardless of its affiliation with Apollo.

As the products purchased directly from the Apollo website are in electronic file format downloaded from our website, these products cannot be returned to Apollo. In the event that any file is found to be corrupt or unplayable, Apollo will attempt to provide the purchaser of said corrupt files with an uncorrupted copy of the file. In the even that a file is found to be be corrupted or unplayable, please contact info@apolloaudiobooks.com. As product files downloaded from the Apollo website cannot be returned, Apollo observes a strict NO REFUNDS policy.

Terms of Use - General
Privacy and Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We will not sell or distribute your email address to a third party.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
We make no representations or warranties of any kind on the Apollo Audiobooks service, web site and site contents. In no event will we be liable to you for any special, incidental, indirect or consequential damages of any kind.
These Terms of Use govern your use of the Apollo Audiobooks web site, service and products. By using, visiting or browsing the Apollo Audiobooks web site or using Apollo Audiobooks services or products, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Apollo Audiobooks web site, service or products.



*APOLLO AUDIOBOOKS LEGAL NOTICES (FULL LENGTH)
Welcome to Apollo Service
Apollo Audiobooks, LLC provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully.

TERMS AND CONDITIONS OF USE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND APOLLO AUDIOBOOKS, LLC ("WE", "US", OR "APOLLO") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE APOLLO SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF APOLLO`S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND APOLLO. BY ACCESSING THE APOLLO SITE AND USING ANY OF THE APOLLO SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

Definition of the Apollo Service. Apollo is the creator and provider of a service (the "Apollo Service") that permits users to select proprietary content consisting of licensed and original audio and text content (collectively, the "Apollo Content") through means including but not limited to (i) Apollo`s Web site, www.ApolloAudiobooks.com, and such other or successor domain names as may be operated, acquired, or used from time to time by Apollo (collectively, "Apollo Site"), (ii) wired and wireless connections, and (iii) telephony based networks; and to playback and/or view such Apollo Content on a computer and/or any other software the user accesses, downloads, or otherwise receives for use in connection with the Apollo Service.
Requirements for Use of the Apollo Service. The Apollo Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the Apollo Service.

Privacy. Apollo`s Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement. Your Information. You agree to provide current, complete, and accurate information required to complete your registration with the Apollo Service and at other points as may be required in the course of using the Apollo Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the Apollo Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for use in maintaining your accounts and billing Apollo fees to your credit card.

User Account, Password, Email, and Security.
Account and Password. As a registered user of the Apollo Service, you may receive or establish one or more passwords and accounts ("Apollo Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Apollo Accounts. You may not divulge your password to anyone else or use anyone else`s password or Apollo Account. You are entirely responsible for all activities that occur on or through your Apollo Account(s), and you agree to notify us immediately about any unauthorized use of Apollo Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your Apollo Account(s), and may also subject you to criminal or civil liability.

Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Apollo Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer`s functionality or operation which may be transferred to your computer via the Apollo Service.

Email, Mailing Lists, and Mailing List Removal. In an attempt to provide a safe and secure email mailing list, Apollo uses a third party email service to maintain and access all email and mailing list account information. To have your name, address and/or email address removed from the third party email and/or mail distribution lists send your request via email to the third party maintaining such list or email info@ApolloAudiobooks.com.

Contact Us. The most efficient way to contact Apollo Audiobooks, LLC is to use the "Contact Us" link provided on the left navigation bar. This will send an email directly to our offices. Alternate ways to contact us include address: Apollo Audiobooks, LLC, 3204 30th Street, Lubbock, Texas 79410 and phone: 806.773.3197 and email: info@ApolloAudiobooks.com.

Grants of Licenses
Apollo Content License. When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Apollo Content from the Apollo Service, Apollo grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Apollo Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Apollo Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Apollo Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Apollo Content or attempt to do so; or (B) modify the Apollo Content or create any derivative works therefrom. This license to the Apollo Content you Purchase will continue for as long as your copy of Apollo Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

Site Access License. Apollo grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Apollo Site and not to download (other than page caching) or modify all or any portion of the Apollo Site. This license does not include any resale or commercial use of the Apollo Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Apollo Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Apollo Site and/or any portion of the Apollo Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Apollo, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Apollo Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Apollo logo or other proprietary graphic or trademark as part of the link without express written permission.

No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.

A La Carte Apollo Products.
A La Carte Apollo Products. You may purchase Apollo Content solely on an A La Carte basis. When you purchase Apollo Content on an "A La Carte" basis, you pay for the Apollo Content you select and your credit card is charged each time you make a Purchase. Apollo provides download audiobooks and eBooks are available a-la-carte via our website www.ApolloAudiobooks.com in MP3 and PDF formats, respectively. Downloadable MP3 and PDF files are tested for use on current MP3 players and PDF readers at the time of initial publication of the work. No warranty is made for their use. You are solely responsible for obtaining and maintaining compatible software and hardware that will play and/or read the content in a manner acceptable to you. The latest version of Adobe Acrobat may be found at Adobe.com. We strongly recommend that you make a physical backup, such as a CD, of your download audio books, as licenses cannot be reissued once claimed. You shall have SEVEN (7) DAYS from the date of purchase of an audiobook or eBook to download the content from the Apollo site to a personal computer, MP3 player, or other suitable listening or viewing device. If the product has not been downloaded within seven (7) days of purchase, you forfeit all claim to the license for that product.

If you claim a license for a download audiobook or eBook and find that the content is faulty, please contact us at info@ApolloAudiobooks.com. If the file is determined to be faulty, we will replace the file with a correct copy. Apollo offers no refunds on any product that is downloaded from the Apollo website. If the file is determined to be correct, we will attempt to help you resolve the problem, however you are solely responsible for ensuring your computer and hardware and software components are compatible Apollo’s download content.

Physical textbooks may be made available from our partners and/or affiliates through links in the Apollo website. Apollo assumes no liability and makes no warranty regarding the quality, delivery, privacy, and/or any other aspect of the purchases made from these websites. We strongly suggest you read the terms of use and privacy policy of each, and every, website from which a product is purchased, regardless of its affiliation with Apollo.
No Refunds. As the products purchased directly from the Apollo website are in electronic file format downloaded from our website, these products cannot be returned to Apollo. In the event that any file is found to be corrupt or unplayable, Apollo will attempt to provide the purchaser of said corrupt files with an uncorrupted copy of the file. In the even that a file is found to be be corrupted or unplayable, please contact info@apolloaudiobooks.com. As product files downloaded from the Apollo website cannot be returned, Apollo observes a strict NO REFUNDS policy.

Right to Change Prices. Prices of all Apollo Content are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Apollo Site or the Apollo Service.

Agreement to Pay. You agree that you will pay timely, and that we may charge your credit card for any Apollo Content and for any additional amounts (including any taxes fees, as applicable) as may be accrued by or in connection with your Apollo Account(s) (collectively, "Apollo Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL APOLLO FEES AND FOR PROVIDING APOLLO WITH A VALID CREDIT CARD FOR PAYMENT OF ALL APOLLO FEES. All Apollo Fees will be billed to the credit card you designated during the registration process. You agree that Apollo may use all legal means available to collect Apollo Fees should our attempts to charge your credit card on record fail for any reason. Apollo will charge you for any collection agency and legal fees it pays while collecting Apollo Fees from you.

Electronic Signatures and Contracts. Your use of the Apollo Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.
YOU CONSENT TO APOLLO PROVIDING YOU ANY INFORMATION THAT APOLLO IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. APOLLO MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR APOLLO REGISTRATION, (2) BY ACCESS TO AN APOLLO WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN APOLLO WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY CONTACTING APOLLO VIA EMAIL AT INFO@APOLLOAUDIOBOOKS.COM. APOLLO MUST RECEIVE YOUR PAPER COPY REQUEST WITHIN 120 DAYS FROM THE DATE THAT APOLLO FIRST PROVIDED THE REQUIRED INFORMATION TO YOU.
IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES.
NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN EMAIL TO US AND PAYING A NOMINAL FEE PER COPY.
YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE APOLLO SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING APOLLO AN EMAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE APOLLO SERVICE.

Delivery of Apollo Content. All Apollo Content will be delivered to the "My Downloads" section of the Apollo Site.We encourage you to download Apollo Content promptly after purchase. If you are unable to complete a download after having reviewed our online help resources, please contact Apollo customer service at support@ApolloAudiobooks.com. You bear all risk of loss for completing the download of Apollo Content after purchase, once we have made such content available to you (in your "My Downloads" or otherwise), and for any loss of Apollo Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Apollo Content will be available for you to download for a total of SEVEN (7) DAYS after purchase of such Apollo Content. If you do not completely download purchased Apollo Content within 7 days aftert purchase, you forfeit all claim to such Apollo Content. You will be allowed ONE (1) and ONLY ONE download of each Apollo Content purchased. Any additional download of Apollo Content will require additional purchase of said Apollo Content. If any Apollo Content becomes unavailable due to potential content provider licensing restriction and for other reasons, Apollo will not be liable to you if Apollo Content becomes unavailable for download. Accordingly, we encourage you to make back-up copies of purchased Apollo Content as referenced above.

Availability of Apollo Content. We will exercise reasonable efforts to provide the Apollo Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that availability of Apollo Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programs by the supplier. Your exclusive and sole remedy with respect to Apollo Content that is not delivered within a reasonable period will be replacement of such Apollo Content with comparable programs or a pro rata extension of the applicable subscription period.

Intellectual Property. Removal of Apollo Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Apollo Content or other materials comprising a part of the Apollo Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Apollo Content or materials under this Agreement.

Copyrights. All copyrights in and to the Apollo Service materials including but not limited to the Apollo Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Apollo Content, or any parts of or content within the Apollo Site, Apollo Content, are owned by Apollo and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND APOLLO SOFTWARE ON OR IN CONNECTION WITH THE APOLLO SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE APOLLO SITE OR ANY OF THE PAGES OF THE APOLLO SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE APOLLO SERVICE MATERIALS. REPRODUCTION OR USE OF THE APOLLO SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

The ApolloAudiobooks.com websites and its owners and/or administrators are not affiliated with USMLE™ or it's regulators such as the NBME™ or the ECFMG™. The United States Medical Licensing Examination also known as USMLE™ is a joint program of the Federation of State Medical Boards of the United States, Inc. (FSMB™) and the National Board of Medical Examiners (NBME™) and Apollo Audiobooks, LLC and its related websites and/or administrators are not related to the the official regulators of the above programs either directly or indirectly. Please refer to the USMLE and FSMB and NBME and ECFMG websites for official information.

Digital Millennium Copyright Act. We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please email info@ApolloAudiobooks.com. Trademarks. Apollo, ApolloAudiobooks.com and other Apollo trademarks, service marks, graphics and logos used in connection with the Apollo Service are trademarks or registered trademarks of Apollo Audiobooks, LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Apollo Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks and any unauthorized use is strictly prohibited. Termination.

Termination By Apollo. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Apollo Fees due, failure to provide Apollo with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Apollo Account information and password, or violation of the Apollo Content License or the Apollo Site Access License or any license to Apollo Software, Apollo, at its sole discretion, may: (A) terminate this Agreement and/or your Apollo Account and you will remain liable for all amounts due under your Apollo Account up to and including the date of termination; and/or (B) terminate the Apollo Content License, the Apollo Site Access License and/or licenses to Apollo Software; and/or (C) preclude access to the Apollo Service (or any part thereof). We will notify you if we take any of the foregoing actions.

Termination of the Service. We reserve the right to modify, suspend or discontinue the Apollo Service (or any part thereof) or any Apollo Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you are not entitled to a refund for Purchases you have made from the Apollo Service.

General Compliance with Laws: Export Restrictions. The Apollo Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the Apollo Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department`s list of Specially Designated Nationals or the U.S. Commerce Department`s Table of Denial Orders.

No Responsibility for Third Party Materials or Web Sites. Certain content, Apollo Content, products and services available via the Apollo Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. Apollo does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.

Limited Express Warranty. Except as expressly provided herein, the Apollo Service is provided "AS IS" and "AS AVAILABLE". The Apollo Service is only warranted as stated below:

Apollo warrants that the media in which the Apollo Content is provided will be free from material defects on delivery. If you find a defect in Apollo Content, your sole remedy (provided you meet the registration, technical and payment requirements for use of the Apollo Service) is to email Apollo at info@ApolloAudiobooks.com and Apollo will consult with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of Apollo Content, you may attempt at a later time to download a new copy of the Apollo Content.

Apollo warrants that the Apollo Content that you license directly through the Apollo Service will be of a quality suitable for human listening and/or viewing and will consist of the Apollo Content that was offered via the Apollo Service, if obtained pursuant to Apollo`s instructions using equipment that is in good operating condition and meets the specifications for the Apollo Service as provided by Apollo. In the event the Apollo Content is incomplete or not as warranted above, Apollo will attempt to provide you with replacement Apollo Content for the defective material, as determined by Apollo in its sole discretion, if you advise Apollo of the defect within seven (7) days of first downloading the material by emailing info@apolloaudiobooks.com. You will be asked to document the defect.

There is no warranty, express or implied, on the content, quality, or technical compatibility of audio and/or text materials and information services downloaded through the Apollo Service but not under the control of Apollo.

The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the Apollo Software or Apollo Content or the media on which the Apollo Software and Apollo Content are furnished, or the user`s lack of the necessary hardware/software.

NO APOLLO EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Limitation on Liability.

IN NO EVENT SHALL APOLLO HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE APOLLO SERVICE. IN NO EVENT SHALL APOLLO HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR APOLLO ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY APOLLO CONTENT. SUBJECT TO THE AVAILABILITY OF THE APOLLO CONTENT AND APOLLO`S LIMITED EXPRESS WARRANTY HEREIN, APOLLO IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE APOLLO CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE APOLLO SERVICE. WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL APOLLO OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE APOLLO ACCOUNT(S), APOLLO SOFTWARE, APOLLO CONTENT OR THE APOLLO SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL APOLLO BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE APOLLO SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY (US$250).
Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

Indemnity. You agree to indemnify and hold harmless Apollo, its affiliates, subsidiaries, managers, members, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys` fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the Apollo Service, Apollo Software, and/or the Apollo Content.

Governing Law. This Agreement will be exclusively governed by the laws of the State of Texas without regard to its principles on the conflicts of laws.

Arbitration. Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Apollo for any violation of Apollo`s intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by arbitration under the then-current International Arbitration Rules of the American Arbitration Association. The location of the arbitration shall be Lubbock, Texas, USA.

Changes. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Apollo Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Apollo Site. Your continued use of the Apollo Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Miscellaneous. This Agreement constitutes the entire agreement between you and Apollo, and supersedes any prior agreements between you and Apollo, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and conditions that may be applicable to the Apollo Service generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and (B) the Privacy Policy, Software Licenses or Digital Millennium Copyright Notice, the terms and conditions of such statement, document, license or policy will control with respect to the subject matter thereof. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of Apollo to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Apollo will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to Apollo hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Apollo Audiobooks, LLC, c/o Lloyd J. Jassin, 1560 Broadway, Suite 400 New York, NY 10036.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY. Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Apollo Site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner`s behalf. Our designated agent for notice for claims of copyright infringement is our Manager, Justin E. Anderson, who may be reached via email at janderson@apolloaudiobooks.com. Note that this email is provided only for matters regarding copyright infringement, and all other matters should be directed to info@ApolloAudiobooks.com. Any matter concerning Apollo Products of Apollo Services will be addressed only at info@ApolloAudiobooks.com.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING APOLLO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA EMAIL TO info@ApolloAudiobooks.com.