Legal Notice and Disclaimer
Last Apple obtains all information, downloadable files and software contained herein from sources believed by Last Apple to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, Last Apple shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the Last Apple Web site. Last Apple makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the Last Apple Web site. Last Apple may change any information and/or software in the Web site at any time without notice of any kind. The information and software on this site are provided “as is” without expressed or implied warranties of any kind. Last Apple expressly disclaims all warranties with regard to the information and/or software, including but not limited to all implied warranties of merchantability and fitness for a particular purpose. In no event shall Last Apple be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on Last Apple’s Web site. Some U.S. states and foreign countries may provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by Last Apple’s authorized representatives, and shall be governed by the laws of the State of California.
Links to Third Party Sites
The links to third parties contained within this Web site will allow you to leave Last Apple’s site. The sites that are linked to Last Apple’s site are not under the control of Last Apple. Last Apple is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Last Apple provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link to a third party site it is not, nor does it imply in any way Last Apple’s of the linked site.
Any rights not expressly granted by Last Apple herein are expressly reserved.
Collection of Personal Information
When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, Last Apple may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Last Apple may require that you provide certain personal information such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the Web site, you may be asked to provide a credit card number. In some countries, Last Apple is represented by an exclusive reseller who provides marketing, sales, and support services on behalf of Last Apple in the interest of providing better service to customers residing in those countries. When you submit personal information to Last Apple, you understand and agree that if you reside in a country where Last Apple is represented by an exclusive reseller, Last Apple may forward your customer profile to such reseller for the purpose of providing you with marketing, sales, and support services. Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Occasionally, Last Apple allows access to database information to bonded mailing houses only for the purpose of allowing for the printing of mailing labels that are used for Last Apple’s own direct mail and promotional purposes. In those instances, the third party is bound by these terms. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
Last Apple collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. Last Apple also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other Last Apple products and services.
Notwithstanding other provisions contained herein to the contrary, you hereby agree that Last Apple may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of Last Apple or its affiliated entities.
Your personally identifying information will not be used by Last Apple for editorial purposes unless you first agree in writing. Last Apple may also use such information for Last Apple promotional and marketing purposes. Last Apple respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about Last Apple products.
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Last Apple will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.
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Please note that Last Apple is not responsible for the content or privacy practices of third-party Web sites to which Last Apple.com may link.
Training: We provide 2 hours of scheduled online training for new customers of Dragon Medical & SayIt. You must schedule your training at an available time. After training is provided we support the product for any technical problems with the software not functioning properly. If you have a how-to question(s), we have paid training options for $125 an hour or $75 per half hour.
Users may contact us at the address below for more information.
LAST APPLE CONTACT INFORMATION:
Attn: Last Apple Privacy
30211 Avenida De Las Banderas, Suite 200
Rancho Santa Margarita, CA 92688
Modifications of the Last Apple Site
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Content of Messages
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Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and Last Apple reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Last Apple will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Last Apple’s Return Policy.
Disclaimer of Warranties
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YOU UNDERSTAND AND AGREE THAT LAST APPLE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH LAST APPLE’S SITE. LAST APPLE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER LAST APPLE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN LAST APPLE’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. LAST APPLE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
LAST APPLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN LAST APPLE’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAST APPLE OR THROUGH LAST APPLE’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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LAST APPLE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE LAST APPLE’S SITE. AS A CONVENIENCE TO LAST APPLE’S USERS, LAST APPLE MAY PROVIDE LINKS TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND LAST APPLE’S CONTROL. LAST APPLE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH LAST APPLE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST LAST APPLE WITH RESPECT TO SUCH SITES.
Limitation of Liability
LAST APPLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE LAST APPLE’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH LAST APPLE’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF LAST APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Apple may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Last Apple makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from Last Apple, and you agree that Last Apple shall not be liable to you thereto.
Remedies for Breach of these Terms by You
Foreign purchases of digital downloads will not ship any physical product.
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