Terms of Service
AlbumSaver Terms & Conditions of Use and Sale
Last updated: June 18, 2021
IMPORTANT NOTICE: IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, DISPUTES ABOUT THESE TERMS AND CONDITIONS AND AS SEEN ONLINE LLC PRODUCTS ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 40 OF THESE TERMS AND CONDITIONS, PLEASE READ SECTION 40 CAREFULLY.
Welcome! This website (“Site”) is maintained by As Seen Online LLC (“ASO”, also referred to as “we”, “us”, “our”). By visiting this Site and/or making a purchase of our products (“Product” or “Products”), you, your heirs, and assigns (collectively “you”, “your”) are indicating that you have read, understand, and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations.
TERMS RELATING TO YOUR USE OF THE SITE
- Agreement.These Terms & Conditions of Use and Sale ("Terms") make up the agreement for access to and use of the Site including the purchasing of Products on or through the Site. The Site offers content, products and / or services and, by subscribing to the Site, you will gain access and be eligible to exclusive technology related third-party curated consumer product and service assortments offered by ASO’s business partners network, for the purposes of which you will be kept posted by electronic means. Based on your territory and/or the delivery territory of the Products, different subsections of these Terms may apply. If this is the case, such different subsections will be conspicuously identified hereunder (e.g. please see Section 39 regarding Applicable Law). These Terms may be modified from time to time, with notice provided by updating the date above. Any such modifications shall be effective immediately, and it is your responsibility to review these Terms periodically to ensure you are up to date. By using the Site, you agree to be bound by these Terms and your continued use of this Site after any such update constitutes your binding acceptance of such changes.
- Ownership. All content included on this Site is and shall continue to be the property of ASO and/or any of its related or group companies and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted herein. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. This Site and the Products are intended for adults only. By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your jurisdiction and that you have given consent for any minor dependent at least 13 years of age or older to use the Site. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for this sentence, refer to that organization or entity).
- Site Use. ASO grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal nonprofessional use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, Products, in violation of any law. The use of this Site is at the discretion of ASO and ASO may terminate your use of this Site at any time. If ASO has previously prohibited you from accessing or using this Site, you are not permitted to access or use this Site.
- Mobile Services. The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. We may share your phone number with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
- Testimonials. Unique experiences and past performance do not guarantee future results. Please note that certain accounts may have worse performance than that indicated and results may vary.
The testimonials, statements and opinions presented on our website are applicable to the individuals depicted. Results will vary and may not be representative of the experience of others. The testimonials are freely provided. Please note that the exact results and experience will be unique and individual to each User.
The Site may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content such as video clips, photographs, reviews, questions, comments, public messages, ideas, designs, features, business plans, inventions, product feedback, and other content (collectively, “User Content”).
When you Post User Content on or through the Site as well as when you tag or make reference to the Site and / or its contents and / or ASO on your social media networks, you grant ASO a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of you User Content in any media formats and through any media channels.
TERMS RELATING TO THE SALE OF PRODUCTS TO YOU
- Geographic Availability. Available Products may vary depending on your region or device. In addition, there may be limits on where we can ship goods. To complete your purchase, you may be required to have a valid billing and shipping address.
- Product, price, promotional offers and availability. You may not use any Products purchased from this Site for any illegal or unauthorized purpose. All Products offered for purchase on the Site are subject to availability. Our Products and pricing are subject to change without notice, and we reserve the right to modify or discontinue the Site and its Products at any time. Products may have limited quantities, and we reserve the right to substitute Products of equal value, function, and substance based on inventory; the actual Product you receive may have slight differences in appearance compared to Product photos. Products are subject to return or exchange as provided in our Return Policy, which is incorporated herein by reference and Sections 14 and 15 of these Terms.
Any ASO publication may include technical inaccuracies or typographical errors. Changes may be periodically made to these publications. These changes will be incorporated in new editions of these publications. ASO may make improvements and/or changes in the Products described in these publications at any time without notice.
All promotional offers made on the Site are limited to purchases made from ASO and are subject to the conditions of the offer. Purchases must be made during the specified promotional period to qualify.
- Terms applicable to Digital products and/or services only. Album Saver Protect Plus (“Protect Plus”) is a software that allows eligible Users (i.e. those that purchase it) to save a copy of each file that is automatically selected for backup and other files the User designates for backup (“Backed-up Data”) to a server operated by Amazon. Protect Plus automatically scans for changes or additions to the Backed-up Data and periodically re-saves a copy or a part of a modified file or creates a copy of a newly designated file. For a complete list of the files that Protect Plus is backing up, Users shall refer to Protect Plus console. Users can check whether Protect Plus is backing-up specific files by going to the timeline located in their computer, web console, or from their mobile. In the event that Users are unable to locate their file, Protect Plus is not backing-up that file. Users’ Backed-up Data may not be available or restorable if: (i) Protect Plus has not completed copying the selected files or changed files (ii) Users are deleted from their account; (iv) Users move a file to a location on their computer that is not automatically scanned to select files for backup or Users upgrade their operating system resulting in changes to their file mapping; (v) Users computer is unable to access the internet or Amazon s3 Storage; (vi) Users fail to follow Protect Plus technical requirements, including upgrading the version of Protect Plus as required; or (vii) Users terminate their license or fail to renew their subscription to Protect Plus products. For additional information, please refer to ASO Protect Plus Refund and Cancellation Policy available here and Frequently Asked Questions available here, which are both incorporated by reference to this Agreement.
ASO will not view the files that you backup but may view your file system information (i.e. file extensions, sizes, etc., but not your file contents) to provide technical support. You are responsible for backing up, to your own computer or other device, any important documents, images or other content that you store. ASO or, if applicable, its subcontractors, shall use reasonable skill and due care in providing the services, but ASO does not guarantee or warrant that any content you may store will not be subject to inadvertent damage, corruption or loss.
Please note that ASO reserves the right to either directly or indirectly assign or subcontract the provision of digital products to you or any portion thereof (i.e. have the services and/or products performed/delivered by subcontractors), without the prior written consent of you. Indeed please find below the applicable terms and conditions for the currently available digital products:
- For ASO Protect Plus software: https://www.zoolz.com/terms/
- Order acceptance. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed by ASO, payment must be received by ASO prior to acceptance of an order. Notwithstanding the foregoing, ASO may at its sole discretion choose not to charge your credit card until your order has been shipped. ASO may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if any additional information is required to accept your order.
- Payment Methods, Billing and Payments to you. We offer the following payment methods to complete your purchase: Paypal, Amazon Pay, Shop Pay, Google Pay and Apple Pay. Please note that we may either remove or add new payment methods at our discretion and due information shall be provided during the checkout process. By providing ASO with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize ASO to charge you for any Products available using your payment method; (iii) authorize ASO to charge you for any paid feature of the Site that you choose to sign up for or use. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after the purchase; or (d) on a recurring basis for subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
- Order Confirmations and Cancellations. Once you place an order at the end of the checkout process, ASO will confirm your transaction with an order number. We’ll send you an order confirmation by email. After you have received your order, you have the right to return or exchange any ASO Product as described in Sections 15 and 16 below.
1 Return and Refund Policy. If you are not satisfied with your purchase for any reason, you have 14 calendar days after receiving the Product to request a return. Please contact us at email@example.com. Shipping costs for returns are at your expense. If you encountered any issues with your device, please contact us at firstname.lastname@example.org. Orders older than 14 days are not available for refunds.
If you are not satisfied with your purchase for any reason, please refer to:
- For physical products (AlbumSaver): https://albumsaver.com/pages/return-refund-policy
- For digital products (AlbumSaver Protect Plus): https://albumsaver.com/pages/return-refund-policy
In the event of any doubts or concerns, please contact us at email@example.com. Shipping costs for returns are at your expense.
- 1 Exchanges. In the event that the purchased Product has a manufacturing defect of the hardware under normal use for a period of ninety (90) days of purchase, we may exchange the Product. Please contact us at firstname.lastname@example.org.
- 1 Resale. Purchases made on the Site are intended for end users only. Products sold through the Site are not authorized for resale or export. The resale of or offer to sell a new ASO patented Product without the authority of ASO is an infringement of ASO’s patent rights. Your submission of your order shall constitute full acceptance of these restrictions on sale. Your purchase may not be sold, leased or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws. Please note that we sell Products only in quantities which correspond to personal use and may refuse orders for quantities that we determine are for commercial purposes. This applies both to the number of Products ordered within a single order and the placing of several orders for the same or similar Products.
- 1 Software. Software is subject to a separate license agreement accompanying or made available to you in connection with the software. With respect to software made available to you by us in connection with your purchase of Products, if no license terms accompany the software, then subject to your compliance with the terms set forth in this Agreement, we hereby grant you a personal, non-exclusive license to access and use such software solely as necessary for you to enjoy the benefit of the Products. Title to software remains with the applicable licensor (s).
- Taxes. ASO is a United States company and purchases will be charged in United States Dollar (USD), although we may display pricing in your native currency for your convenience. ASO is not responsible for any foreign, U.S. federal, state, local, municipal, or other governmental taxes, duties, levies, fees, excises, or tariffs, owed by you as a result of or in connection with your purchase unless stated otherwise during checkout when completing your purchase.
- 20. Shipping and Delivery. Shipping charges are based on the shipping method you choose (either standard or express). When you make a purchase, the shipping charge is estimated in your basket, and will be presented to you during the checkout process. The estimated delivery date is based on the stock status of the Product ordered and your choice of shipping. Product title passes to you when the Product is shipped. High demand occasionally results in delayed shipment. Stock status is indicated on the Product page, in your basket during checkout and on the confirmation email link.
- 2 International Shipping Disclaimer / Customs information. Products acquired may be subject to custom and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
All international sales are final. You (the buyer) are responsible for any VAT, import duties, tariffs, taxes, handling fees, customs clearance fees and/or similar charges which may be required by your country (of destination of your purchase) for importing consumer goods. ASO does not process, manage or collect any of the preceding beforehand nor as part of the purchase process, and ASO cannot provide any information to you such as costs estimates, information of procedures, timelines, etc., as this varies from country to country. You will be listed as the importer of record for customs purposes.
As an international consumer, ASO asks you to do your own research to make sure there are no additional or surprise charges when clearing your order through customs, and to be aware of any additional costs that may apply to your purchase. It is your full responsibility to verify customs-related charges and procedures which may apply to the dispatch and delivery of your order to your country.
If customs fees, charges, tariffs, VAT, taxes at country of destination are refused or not paid on time, and your order is returned to ASO (or just not delivered to you and kept by your local authorities or similar entities), you will not be eligible for any refund or reimbursement on your purchase.
Further to the above, ASO shall not be responsible for lost, stolen, misplaced or delayed shipments, or damaged freight by carriers once they have been dispatched by ASO and out of ASO’s control. You accept full responsibility to make any claims directly to the carrier for damaged or lost shipments. ASO shall not be responsible either for misdelivery errors via carrier due to incorrect shipping / delivery information.
- Limited Warranty. ASO warrants your Product against defects in materials and hardware when purchase directly from ASO. This warranty is extended only to the original end-user purchaser or the person receiving the Product as a gift and shall not be extended to any other person or transferee. The warranty is valid from the date of retail purchase for a period of 90 days. In the case of a covered warranty defect, ASO will at its option: (i) repair the Product using new or refurbished parts; (ii) replace the Product with an equivalent new or refurbished Product; or (iii) provide a partial or full refund of the original purchase price to you in exchange for return of the Product.
This warranty does not cover defects or damages arising from improper use or maintenance, normal wear and tear, commercial use, accident or external causes. Unauthorized repair, modification or customization of your Product voids this warranty. For warranty service on covered defects during the warranty period, please contact ASO at email@example.com. Prior to providing warranty service, ASO may require you to provide proof of purchase details, including but not limited to a receipt or sales invoice.
This limited warranty gives you specific rights that are in addition to other rights you may have under applicable laws, including your rights against the person who sold the ASO Product to you. TO THE EXTENT PERMITTED BY LAW, HOWEVER, THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY ASO. ASO DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) AND ASO’S LIABILITY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE.
- Disclaimer. To the full extent permitted by law, we do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, or error-free, and we do not warrant that the results of your use of the Site will be accurate or reliable. THE INFORMATION, PRODUCTS PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED, LEGAL OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. YOU AGREE THAT USE OF THIS SITE AND THE PRODUCTS IS AT YOUR SOLE RISK. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
YOU AGREE TO USE ALBUMSAVER ONLY AS A MULTIMEDIA BACKUP DEVICE IN CONJUNCTION WITH THE SOFTWARE PROVIDED WITH ALBUMSAVER BY ASO, AND AGREE TO NOT DELETE THE ORIGINAL MULTIMEDIA FILES FROM YOUR DEVICE, EITHER BEFORE, DURING, OR AFTER RUNNING THE PROVIDED SOFTWARE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ASO OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS, LITIGATION, OR THE LIKE), EXEMPLARY, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PRODUCTS OR THE SITE, YOUR SITE USE, THE CONTENT, EVEN IF ASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, USD $100.
ASO DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITES, AND ASO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Modification and Termination. ASO reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) and/or Products, with or without notice. ASO shall. Not be liable to you or any third party for any modification, suspension or discontinuance of the Site and/or Products. ASO may, in its sole discretion, terminate, suspend or otherwise deny your access to all or part of the Site at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, and as applicable, the mandatory arbitration and class action waiver provisions. Termination may also include, at ASO’s sole discretion, the deletion of your User Content, and you will not be able to retrieve any information except as required by applicable law.
- Copyrights. In accordance with the Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of ASO, in appropriate circumstances, to restrict access to the Site and to its Products, as well as to remove User Content that is deemed to be infringing. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated by this Site, please provide a notice containing all of the following information to firstname.lastname@example.org (please consult your legal counsel or see U.S.C. Section 512(c)(3) to confirm these requirements):
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please also note that, pursuant to Section 512(f) of the Copyright Act, any persona who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Severability. Each of the provisions of these Terms operates separately. If any provision of this Agreement shall be deemed by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary and all other provisions shall remain in full force and effect.
- No Waiver.The failure of ASO to exercise or enforce any right or provision herein shall not operate as a waiver of such right or provision. Any waiver of these Terms by ASO must be in writing and signed by an authorized representative, and it will not mean that ASO automatically waives any future failure or breach by you.
- 3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
- 3 Force Majeure. Under no circumstances shall ASO or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
- Relationship of the Parties.Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Assignment. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by ASO without restriction. These terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
- Miscellaneous. These Terms may not be modified by an oral statement by a representative of ASO. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Site for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
- Notices. All written notices to the Site should be communicated by contacting us at email@example.com or by visiting the Contact Us page found via link in the Site’s footer. The Site may provide you notices of changes to this Agreement or other matters by displaying notices to you on the Site, via email, or other reasonable means of communication. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner or providing inaccurate or false information. You agree that you shall be deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
If we choose to notify you by email, each such notification shall be and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if (i) your email notification is filtered as spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; (ii) you do not actually read it for any other reasons; or you do not receive it due to any other technical reasons beyond our control. You agree to notify us immediately of any change in your contact details, including your email address. You can do so by updating your profile on the Site (if applicable) or by contacting us at firstname.lastname@example.org.
- 3 Contact Information. You can contact us at email@example.com
- 3 Applicable Law and Jurisdiction. You agree that the laws of the state of New York, without regard to conflicts of law provisions will govern these Terms, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Any dispute that may arise between you and ASO shall be subject to exclusive jurisdiction of the state courts of New York.
NOTHING IN THESE TERMS AFFECTS YOUR RIGHT AS A CONSUMER TO RELY ON ANY LOCAL LAW MANDATORY PROVISIONS AND LEGAL RIGHTS AVAILABLE TO YOU UNDER THE LAWS OF YOUR COUNTRY.
If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr.
- 40. Class Action and Trial by Jury waiver for residents of the United States. YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THE SITE AND/OR ANY TRANSACTIONS MADE HEREUNDER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
This Mandatory Class Action and Trial by Jury Waiver shall survive any termination of your use of the Site.