Terms and Conditions

Updated Aug 22, 2023

PLEASE READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

Use of Site

This website is provided solely for the use of current and future customers or clients of APP Studios, LLC to provide you with information about our company, to use our services for educational purposes, and to enable you to contact us with any questions or comments that you may have related to the Content of this website. Any other use of this site is prohibited.

Site Contents and Ownership

The information contained on this site, including all designs, writings, graphs, data, and other materials (Materials or Content) are the property of APP Studios, LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to view, copy, download, and print portions of this site solely for the purposes of using this site for the authorized use described above. You may not distribute the Contents without providing credit to APP Studios, LLC. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, APP Studios, LLC does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

Disclaimer of Warranty

You expressly agree that use of this website is at your sole risk. Neither APP Studios, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. APP Studios, LLC does not warrant or represent that the use of the Materials will result in you or your business or website achieving a certain result or performing in a certain way.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, APP Studios, LLC does not warrant the reliability of any statement or other information displayed or distributed through the site. APP Studios, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. APP Studios, LLC may make any other changes to this site, the Materials and the products, programs, or services described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. APP STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APP STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

Americans with Disabilities Act (ADA) Disclaimer

Our Website Accessibility

ACE is committed to providing an accessible website. If you have difficulty accessing content, viewing a file on the website, or notice any accessibility problem, please contact ACE to specify the nature of the accessibility issue and any assistive technology you use. ACE will strive to provide the content you need in the format you require.

We welcome your suggestions and comments about improving ongoing efforts to increase the accessibility of this website.

How to Contact Us for Assistance

Call our office directly to speak with a representative:

Send us an email requesting more information:

Limitation of Liabilities

YOU AGREE THAT APP STUDIOS AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL APP STUDIOS OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER APP STUDIOS OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless APP Studios, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site or the information contained herein, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

Privacy Policy

Click here to access App Studios’ Privacy Policy governing the use of information that App Studios obtains from you through your use of this website.

Limitations on Claim

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

Term and Termination

Without limiting its other remedies, APP Studios may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

Hyperlink Disclaimers

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by APP Studios. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by APP Studios. APP Studios does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by APP Studios. Links do not imply that APP Studios or this site’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of APP Studios or any of its affiliates or subsidiaries. Except for links to information authored by APP Studios, APP Studios is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. APP Studios reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

Controlling Law, jurisdiction, and International Users

This Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflict-of-law provisions. APP Studios makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Lumpkin County, Georgia for any disputes with APP Studios arising out of your use of this site.

Entire Agreement

This Agreement constitutes the entire agreement between APP Studios and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and APP Studios with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to Agreement

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. APP Studios does not and will not assume any obligation to notify you of changes to this Agreement.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from APP Studios solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Dispute Resolution and Arbitration Agreement

a. APP Studios, LLC is committed to participating in a consumer-friendly dispute resolution process. This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against APP Studios, LLC in the United States.
b. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and APP Studios, LLC each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact APP Studios, LLC management team by emailing them at hello@appstudios.net. If after a good faith effort and ne less than thirty (30) days, the negotiations are unsuccessful, then the parties shall engage in 1) dispute resolution with the State bar where the attorney is licensed to practice 2) arbitration with the party intending to pursue arbitration notifying the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
c. Agreement to Arbitrate. You and APP Studios, LLC mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof between you and APP Studios, LLC, or to the use of the APP Studios, LLC Service (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). The parties shall mutually agree to a sole Arbitrator. If the parties cannot mutually agree, an Arbitrator will be chosen for them by AAA. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and APP Studios, LLC agree that the arbitrator will decide that issue
d. Exceptions to Arbitration Agreement. You and APP Studios, LLC each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
e. Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, APP Studios, LLC agrees that any required arbitration hearing may be conducted, at your option, by telephone, online, or based solely on written submissions; (b) the arbitration may not involve any personal appearance by the parties unless otherwise mutually agreed by the parties. Each party has the right to present witnesses at arbitration in favor of their case.
f. Modification of AAA Rules – Attorney’s Fees and Costs. You and APP Studios, LLC each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.
g. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator’s decision is final and binding on all the parties.
h. Jury Trial Waiver. You and APP Studios, LLC acknowledge and agree that we are each waiving the right to a trial by jury as to all Disputes that are agreed as disputes being dealt with by arbitration.
i. No Class Actions or Representative Proceedings. You and APP Studios, LLC acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and APP Studios, LLC both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
j. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
k. Changes and/or Revisions. Notwithstanding the provisions (“Modification of these Terms”), if APP Studios, LLC changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within three (3) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Contract Counsel’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and APP Studios, LLC in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).