If you are an employee of Lightspeed, Apollo, or another Apollo Institution, you should also refer to your applicable Apollo or Apollo Institution Employee Handbook.
If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Shane Lunceford, Associate General Counsel
Full Address of Designated Agent to Which Notification Should be Sent:
3590 N. First St., Suite 200 San Jose, CA 95134
Telephone Number of Designated Agent: 480-678-1634
Facsimile Number of Designated Agent: 602-735-6219
E-Mail Address of Designated Agent: CopyrightAgent@apollogrp.edu
To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:
Upon receipt of such notification, Lightspeed or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at Lightspeed's sole option: a general notice on the Sites, electronic mail to the content provider's email address in our records, or by written communication sent by first-class mail to such user's postal address in our records.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the Designated Agent a written communication containing the following:
Upon receipt of such counter notification, Lightspeed will promptly provide the Complaining Party that provided the notice of claimed infringement with a copy of the counter notification, and inform the Complaining Party or entity that Lightspeed will replace the removed material or cease disabling access to it in 10 business days. Lightspeed will replace the removed material and cease disabling access to it between 10 and 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site(s).
All logos and any other product or service name or slogan contained in the Sites are trademarks of Lightspeed, Apollo, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Lightspeed or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "SkilledUp" or any other name, trademark or product or service name of Lightspeed or Apollo without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Lightspeed or Apollo and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lightspeed or any of the Apollo Companies.
You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Sites for noncommercial purposes, provided such link does not portray Lightspeed or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in Lightspeed's sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Lightspeed logo or other proprietary graphic of Lightspeed to link to the Sites without the express prior written permission of Lightspeed. Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Lightspeed's express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Lightspeed or any third party.
Our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as subject matter experts or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of Lightspeed or any of the Apollo Companies. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). Lightspeed does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Lightspeed is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Lightspeed may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Lightspeed is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information on the Sites.
The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas,plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or Lightspeed provided by you by participating in surveys hosted by Lightspeed, or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to Lightspeed, or any postings on the Sites, are non-confidential and shall be the sole property of Lightspeed, and thatupon submission of such materials to Lightspeed you thereby assign without additional consideration all right, title or interest you may hold in such materials to Lightspeed. Lightspeed shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any software and all underlying information and technology downloaded or viewed from these Sites or in connection with the Services (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
The Sites, and any documents issued by Apollo, Lightspeed or other Apollo Companies and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, as amended. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include, without limitation, statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Apollo Group, Inc. Annual Report to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Apollo filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Neither Apollo nor Lightspeed undertakes any obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by Apollo, Lightspeed or other Apollo Companies should not be deemed accurate or current except as of the date the release is posted. None of Apollo, Lightspeed or other Apollo Companies has the intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third Party Financial Information. Apollo and Lightspeed may provide links to third party web sites or services that contain financial or investment information about Lightspeed, Apollo or other Apollo Companies. As with all third party web sites, Third Party Content and Third Party Applications, access to such web sites and the information contained therein is provided as a convenience. Neither Apollo nor Lightspeed monitors or has control over the content of third parties' statements or web sites. Accordingly, Apollo and Lightspeed do not endorse, confirm or adopt these web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes in any way relating to Apollo, Lightspeed, any third party or otherwise. Neither Apollo nor Lightspeed makes any representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party web sites or other third-party information that is identified on the Sites. Users visit these web sites and use the information contained therein at their own risk.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LIGHTSPEED, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, , AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. APOLLO AND LIGHTSPEED DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. APOLLO AND LIGHTSPEED DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. APOLLO AND LIGHTSPEED DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER APOLLO NOR LIGHTSPEED IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE APOLLO AND LIGHTSPEED ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, APOLLO AND LIGHTSPEED CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Apollo and Lightspeed each reserve the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by either Apollo or Lightspeed.
IN NO EVENT SHALL APOLLO, LIGHTSPEED, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE GOOGLE APPS, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM APOLLO OR LIGHTSPEED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LIGHTSPEED'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APOLLO OR LIGHTSPEED, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LIGHTSPEED FOR ACCESS TO OR USE OF THE SITES.
Questions or comments about the Sites may be directed to email@example.com.