MichaelApice.com is not a lawyer or law firm and does not employ any lawyers or legal counsel of any type.  This website is for informational purposes only and does not give legal advice or substitute for consulting an attorney. Nothing contained herein shall constitute the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, including but not limited to the preparation of any contract or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.  Transmission of any information by and/or through MichaelApice.com is not intended to create and receipt thereof does not create an attorney-client relationship.  MichaelApice.com makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.  Because legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, MichaelApice.com recommends that all Members and/or Visitors discuss their particular situation with an attorney.

LIQUIDATED DAMAGES / LIMIT OF LIABILITY
Under no circumstances shall MichaelApice.com be liable to any [Purchaser/Visitor/Member] on account that [Purchaser’s/Visitor’s/Member’s] use or misuse of or reliance on the [product/information/service] provided by and/or through MichaelApice.com. In no event shall [Purchaser/Visitor/Member] recover more than the amount paid by [Purchaser/Visitor/Member] for the [product/information/service] purchased from and/or through MichaelApice.com.

WAIVER
MichaelApice.com assumes no liability for the information, services, and/or products provided by and/or through MichaelApice.com.  Any information contained in MichaelApice.com, any products purchased from and/or through MichaelApice.com, and any information contained in or a part of any products purchased from and/or through MichaelApice.com is provided "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

CHOICE OF LAW, MEDIATION, VENUE
Any dispute arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through MichaelApice.com shall be governed by and construed in accordance with the substantive laws of the State of New York and the laws of the United States of America applicable to transactions within the State of New York.  Any purchase made from and/or through MichaelApice.com shall constitute an agreement (the “Agreement”) performable in Nassau County, New York. Prior to instituting any legal action in any court of law arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement, [Purchaser/Visitor/Member] and MichaelApice.com expressly agree that any such dispute shall first be subject to non-binding mediation conducted by Dispute Resolution Services of North New York.  [Purchaser/Visitor/Member] and MichaelApice.com shall bear the cost of said mediation equally.  [Purchaser/Visitor/Member] and MichaelApice.com may institute legal action arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement only after participating in said mediation.  Following the requisite mediation, any legal action arising out of, in connection with, or in relation to the information, services, and/or products provided by or through MichaelApice.com shall be brought exclusively in a State of New York court in Nassau County, New York.  The information, services, and/or products provided by and/or through MichaelApice.com shall be deemed made and performable in Nassau County.

INDEMNIFICATION
To the fullest extent permitted by law, [Purchaser/Visitor/Member] shall RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS MichaelApice.com from and against, and assume responsibility for, any and all claims, damages, losses, fines, civil penalties, liabilities, judgments, costs and expenses of any kind or nature whatsoever (including but not limited to interest, court costs and attorney’s fees) arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through MichaelApice.com to [Purchaser/Visitor/Member] or any intended third-party beneficiaries of [Purchaser/Visitor/Member], regardless of whether or not the damage, loss or injury complained of arises out of or relates to the negligence (whether active, passive or otherwise) of, or was caused in part by, MichaelApice.com.

We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one's rights are stepped on. Failure to abide by these rules can result in immediate termination of access to MichaelApice.com, without refund or recourse.

Terms of Use
            1.         Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.

            2.         Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn't mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don't violate our copyright.

            3.         No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.

            4.         Please use your own name when posting to the discussion forums. Do not impersonate anyone else.

            5.         Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.

            6.         Please avoid shouting (using all capital letters) in the discussion forums.

            7.         Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. MichaelApice.com strongly disapproves flaming.

            8.         When you post content in MichaelApice.com forums, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.

We do not try to edit or to monitor messages posted on this site's forums, but bmyers.com has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not MichaelApice.com. Violators may be permanently banned from using the forums, or even have their subscriptions terminated.

Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of MichaelApice.com, which reserves all rights .

Limitation of Liability
THIS WEB SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS WEB SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS WEB SITE FORUMS AND THAT YOUR USE OF THIS WEB SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS WEB SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS WEB SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS WEB SITE , ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.