1. Acceptance of Terms
By accessing, viewing, or using the content, material, or any services available on or through this Site, you acknowledge that you have read, understood and hereby do agree to be legally bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms you are not granted permission to use this Site and must exit immediately.
In order to access certain content or services, you may be asked to register and create an account. As part of the registration process, you will be asked to select a login and password. You may be required to provide certain information about yourself including types of personal identifying information such as your name and your email. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You may terminate your account at any time by contacting us at 1-800-654-7565. Any personal information that you provide to AAE on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein.
3. Use of Site – Proprietary Rights
a) AAE owns or licenses the intellectual property rights in the Site and materials on the Site, including but not limited to all data, content, audio clips, video clips, artwork, images, photographs, graphics, functional components, software and software concepts, documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to AAE or its affiliates, licensors, suppliers or clients. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
b) We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
4. Use of Site - Third Party Web Sites and Contents
The Site is available for informational purposes and may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. AAE does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. AAE does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
5. Use of Site - Unauthorized Activities
a)You agree that you will not use the Site for:
(i) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws);
(ii) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with AAE;
iii) uploading, posting, hosting, or transmitting worms or viruses or any code of a destructive nature;
(iv) contacting any other user of the Site who has requested not to be contacted; or
(v) attempting to gain unauthorized access to AAE’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
b) You agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from AAE. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without AAE’s prior written consent.
c) You acknowledge and agree that the unauthorized use of the Site or Site Material could cause irreparable harm to AAE and that in the event of such unauthorized use, AAE shall be entitled to an injunction in addition to any other remedies available at law or in equity.
6. User Content
We welcome your stories, comments, suggestions, ideas, graphics, pictures and our Site may allow you to contribute such content and information for access, use and commentary by other users to the Site (“User Content”).
a) By sending or posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not
(i) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
(ii) violate any law, statute, ordinance, or regulation;
(iii) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing;
(iv) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity that is generally false, deceptive, misleading, deceitful or mis-informative;
(v) be obscene, child pornographic, or indecent;
(vi) violate any community or Internet standard;
(vii) contain any viruses, Trojan horses, worms, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing;
(viii) constitute misappropriation of any trade secret or know-how; or
(ix) constitute disclosure of any confidential information owned by any third part.
b) Upon your submission of User Content or other material or information to AAE, you grant AAE a worldwide, perpetual, non-terminable, irrevocable, transferable, non-exclusive, royalty-free license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content.
c) AAE accepts ideas about new product, advertising, marketing and packaging, concepts and improvements (“Ideas”). If you provide AAE with any Ideas, such Ideas shall be considered non-proprietary and non-confidential, and shall become the exclusive property of AAE, which may or may not use the Ideas for any purpose.
a) AAE, its distributors and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, including but not limited to User Content, products, software, services, links, advertisements or other items contained within the Site. Any reliance you place on Site Material is strictly at our own risk.
b) THE SITE MATERIALS ARE MADE AVAILABLE “AS IS” AND THE USE OF THE SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK. AAE, ITS LICENSORS AND DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE AND THE SITE MATERIALS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS IS WITH YOU.
c) AAE reserves the right to immediately remove any Site Material for any reason or for no reason at any time, with or without notice in its sole discretion.
AAE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE MATERIALS REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR AAE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF AAE AND ITS LICENSORS, AND CLIENTS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE MATERIALS AND USER CONTENT, ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, SOFTWARE, INFORMATION OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF AAE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel AAE has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify AAE and its affiliates, and their respective directors, officers, employees, agents, contractors, licensors and clients (“AAE Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Content, the services, products (except to the extent contained in any published warranties applicable to the specific product provided by AAE separate and apart from the Site), information and other materials on, in and made available through the Site, or any breach by you of these Terms and shall indemnify and hold AAE Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of AAE. AAE or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof.
10. Internet Security
AAE uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. AAE will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve:
(i) transmissions over various networks and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to AAE via the Site or the Internet, including, for example, personal information such as your name or address.
11. Modification of these Terms; Termination
a) AAE reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit.
b) AAE may suspend or terminate your account and/or your ability to use the Site or any services on the Site for failure to comply with these Terms, for providing AAE with untrue or inaccurate information about yourself, for infringement upon AAE proprietary rights, or for any other reason whatsoever or for no reason.
If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Entire Agreement
These Terms represent the entire agreement between you and AAE with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied.
14. Jurisdiction and Choice of Laws
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina.
Dated: November 11, 2015
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