Terms of Service
Updated and Effective as of September 4, 2024
The following are the Terms of Use of American Prestige Podcast, Inc. (collectively, “American Prestige,” “we,” or “us”). American Prestige hosts a website and provides subscription services allowing members to access podcasts via free and premium podcast feeds (e.g., “Prestigeheads-Top Secret”) (collectively the "American Prestige Services," “we” or "our Services"). Podcasts (also sometimes referred to as “Content”) are streamed via the Internet to computers and mobile devices via an array software or apps.
These Terms of Use are a legally binding agreement that governs your interactions with American Prestige Podcast, Inc. and your use of American Prestige Services. By using American Prestige Services, you agree to be bound by these Terms of Use and acknowledge that our Privacy Policy describes how we and others may collect and use information when you use American Prestige Services.
1. Podcast Subscriptions Generally
1.1. Both free and paid podcast subscriptions will continue until terminated. To use American Prestige Services, you must have Internet access and a podcast ready device. Paid subscription podcasts, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. You can find specific details regarding your subscription membership by visiting our website and clicking on the "Dashboard" link available at the top of the pages of the subscription website under your profile name.
2. Billing and Cancellation of Paid Podcast Subscriptions and any other paid American Prestige Services.
2.1. Billing Cycle. The membership fee for American Prestige Services will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Account" page to see your next payment date.
2.2. Payment Methods. To use American Prestige Services, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase you make hereunder; and that (ii) the information you supply to us is true, correct and complete.
2.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Use of Third-Party Services. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases hereunder. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
2.4. Cancellation. You can cancel your American Prestige podcast subscription at any time, at which point you will no longer have access to the subscription service. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unconsumed American Prestige content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.
2.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
2.6 Billing Errors. If you believe that you have been billed in error, please notify us at help@supportingcast.fm immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released American Prestige Podcast, Inc. from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its appearance on your credit card account statement.
3. American Prestige Services
3.1. You must be 18 years of age, or the age of majority in your country, to access American Prestige Services, including paid podcast subscriptions. People under the age of 18 may only access American Prestige Services under the supervision of an adult.
3.2. American Prestige Services and any content consumed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During the time when any American Prestige paid subscription is active, we grant you a limited, non-exclusive, non-transferable right to access the American Prestige content to which your paid subscription applies and to listen to that American Prestige content. Except for the foregoing, no right, title or interest is transferred to you. You agree not to use the service for public performances.
3.3. You shall not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through American Prestige Services. You also shall not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in American Prestige Services; use any robot, spider, scraper or other automated means to access American Prestige Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the American Prestige Services; insert any code or product or manipulate the content of American Prestige Services in any way; or use any data mining, data gathering or extraction method. In addition, you shall not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the American Prestige Services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
3.4. The quality and download speed of the audio of American Prestige Services and content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
Passwords and Account Access. The member who created the American Prestige Services account and whose Payment Method is charged (the "Account Owner") has access and control over the American Prestige Services account and American Prestige Services ready devices that are used to access our service and is responsible for any activity that occurs through the American Prestige Services account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the American Prestige Services compatible devices or apps that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, American Prestige or our partners from identity theft or other fraudulent activity.
4. License and Use Conditions; Community Guidelines (Code of Conduct)
4.1. You agree that you are responsible for your own conduct while using our Services or accessing our Content, and for any consequences thereof. You may not do or attempt to do any of the following with respect to the Services and Content, or any parts thereof (“Code of Conduct”), unless specifically authorized to do so:
(a) use the Services and Content, or any parts thereof commercially or for a promotional purpose, or otherwise commercially exploit same;
(b) distribute, lease, license, sell, rent, display, record, or otherwise transfer or assign the Content, or use them in a way that is not expressly authorized in the Terms;
(c) make a copy of any Content, or any part thereof, or otherwise make same available on a network for use or download;
(d) modify or delete any portion of the Content;
(e) use the Services, Content, or any parts thereof to promote or endorse any third party causes, ideas, Web sites, products or services;
(f) re-produce, edit, re-transmit, redistribute, or in any way repurpose the Content;
(g) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in the Services or Content;
(h) use the Services, Content, or any parts thereof to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
(i) use, export, or re-export the Services, Content, or any parts thereof in violation of any applicable law or regulation.
(j) bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented to protect the Content or Services;
(k) post, publish, submit or transmit any User Content (defined below) that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
(l) delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or Content;
(m) discrimination or make discriminatory comments of any form or manner, including without limitation, on the basis of race, gender, religion, sex, gender identity, age, disability, ethnic origin, or sexual orientation when using our Services or in any User Content;
(n) disparage, defame, name-call, or engage in any form of intimidation against another user, including swearing or use of any other inappropriate or offensive language, or making offensive or insensitive remarks of any kind when using our Services or in any User Content;
(o) make or post any sexually explicit remarks or images, or engage in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content, or making offensive or inappropriate advances or comments to other users when using our Services or in any User Content;
(p) reveal personally identifying information of other users or infringe on the privacy of other users when using our Services or in any User Content;
(q) harassing, stalking, spamming, or making any other inappropriate comments or actions towards other users when using our Services or in any User Content;
(r) violate any applicable law or regulation; or
(s) encourage or enable any other individual to do any of the foregoing.
4.2. We reserve the right to discontinue providing our Services, Content, or any parts thereof, and to require that you cease accessing or using same at any time for any reason, including without limitation if you violate the Code of Conduct in any way.
You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall the we or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.
4.3. You agree to indemnify and hold harmless American Prestige and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release American Prestige (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5. User Generated Content
5.1. Our Services may also allow you to upload, publish, or otherwise make available user generated content (“User Content”). User Content may include without limitation messages, files, photographs, videos, artwork, questions, drawings, recordings, images, voice communication, texts, experiences, interactive features, screenshots, audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
5.2. You hereby grant to American Prestige an irrevocable and non-exclusive permission, right, and license to host, copy, import, store, modify, adapt, display, perform, reproduce, create derivative works, publicly display, transfer, sublicense, and distribute (collectively “Use”) your User Content in whole or in part in any media, platform, or channel in connection with our Services. You retain all other rights that you may have in your User Content. You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration for your User Content in connection with our Services or our Use of your User Content.
5.3. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit.
5.4 You also represent and warrant that your User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. We may remove any User Content and any related content or elements at our sole discretion.
5.5 We are not obligated to use your User Content. We do not in any manner endorse any User Content and cannot, and will not, vouch for its reliability. We are not responsible for any User Content and have no duty to monitor the User Content posted on the Services. You use any information contained in User Content at your own risk. We have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.
6. User Comments and Feedback
6.1 We and our Services may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forum and blogs on our Sites, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, “wiki” entries, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of American Prestige.
6.2 We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
6.3 We may also, from time to time, publicly share or redistribute User Comments on our Site, in our online offerings and classes, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with our Services.
Similarly, if you provide us with any Feedback, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us that relates to our Services.
7. Intellectual Property Rights
7.1. The American Prestige website, and all content available or appearing therein or as a part of American Prestige Services, are the sole and exclusive property of American Prestige Podcast, Inc. or its licensors. No license or ownership rights in or to any content of the website are conveyed to you by reason of the Terms of Use or your purchase of American Prestige Services. The American Prestige website and all content available or appearing therein or as a part of American Prestige Services are protected under the laws of copyright and trademark.
7.2. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the website without the prior written consent of American Prestige Podcast, Inc. When you purchase or order American Prestige Services and any related audiovisual content, you expressly agree that you do not have any license for the resale of any such audiovisual content, product or copyrighted or proprietary image and that the resale of any such audiovisual content, product or copyrighted or proprietary image is expressly prohibited. If you breach these Terms of Use, your right to use American Prestige Services ceases immediately and should American Prestige Podcast, Inc. so request, you must return or destroy any copies of the material you have made.
8. Disclaimers and Limitation of Liability
DISCLAIMER: ALL INFORMATION, CONTENT, AND MATERIAL AVAILABLE IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL OPERATE PROPERLY, (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR (4) THAT ANY DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NO WARRANTIES: AMERICAN PRESTIGE AND ITS AFFILIATES, LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO ACCESS THE CONTENT AND SERVICES. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN ACCESSING AND USING THE CONTENT AND SERVICES, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE CONTENT OR SERVICES. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE CONTENT OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICAN PRESTIGE AND ITS AFFILIATES LICENSORS AND DISTRIBUTORS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE CONTENT OR SERVICES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
9. High Data Usage
Beyond any fees for paid podcast subscriptions or other services, American Prestige does not charge you for the use of American Prestige Services. Please check your wireless plan, however, because carrier data use charges or other fees may apply. Aside from any fees charged for paid podcast subscriptions or other services, you agree that you are solely responsible for any costs you incur to access the American Prestige Services, including any excess data charges. You should keep in mind that the use of the American Prestige Services to send content to another person may result in wireless charges to both the sender and the receiver.
10. Territorial Limitations
Some American Prestige Services may not be accessible for use in every jurisdiction. You can contact us though our Contact Us page for information about where the American Prestige Services are accessible. We will not refund any fees you paid if the American Prestige Services to which you have subscribed are not accessible where you are located. If you are subscribing to American Prestige Services through a third-party platform, review the platform provider's terms.
11. Links to Third Party Sites
Our Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12. Miscellaneous
12.1. All users herein agree to insure and hold American Prestige Podcast, Inc.., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through American Prestige Services, the use of American Prestige Services or your connection with these services, your violations of these Terms of Use and/or your violation of any such rights of another person.
12.2. Governing Law. These Terms of Use are governed by and construed under Virginia law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to our Services shall be litigated in the local or federal courts located in Virginia, and you hereby consent to personal jurisdiction and venue in Virginia.
12.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the “help" link featured at the bottom of every page. For matters unrelated to American Prestige Services, streaming or downloading, please see https://americanprestige.supportingcast.fm
12.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
12.5. Third Party Beneficiaries. You herein acknowledge, understand and agree, unless otherwise expressly provided in these Terms of Use, that there shall be no third-party beneficiaries to this agreement.
12.6. Statute of Limitations. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of American Prestige Services, or these Terms of Use must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
12.7. Modifications. American Prestige Podcast, Inc. reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, American Prestige Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of American Prestige Services, or any part thereof.
12.8. Failure of American Prestige to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or our right to enforce each such provision and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by American Prestige
12. 9. Entire Agreement: These Terms of Use set forth the entire agreement between you and us with respect to the subject matter hereof and supersede and replace any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us to the extent that any such agreement relates to the subject matter hereof.
12.10. Severability: If, but only to the extent that, any provision of these Terms of Use is declared or found to be illegal, unenforceable, or void, then the parties shall be relieved of all obligations arising under that provision, it being the intent that these Terms of Use will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms of Use are not affected and are capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
12.11. No User Assignment of Rights and Obligations Under Terms of Use. You may not, without the prior written consent of American Prestige, assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms of Use, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms of Use.
12.12. Assignment by American Prestige. Assignment: American Prestige shall have the right to assign these Terms of Use and all or any part of our rights hereunder to any person, firm or corporation, and these Terms of Use shall be binding upon and inure to the benefit of our successors, licensees and assigns.
12.13. Changes to Terms of Use. We may modify, add or delete portions of these Terms of Use at any time by notifying you of the change in writing (including by email or by posting the modified Terms of Use on the American Prestige website and updating the date above). Please check these Terms of Use and our Privacy Policy frequently for updates. Your continued use of any of the American Prestige Services following the posting of updated Terms of Use means that you agree to those changes.
12.14. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.