Effective Date: January 24, 2023
You may browse the Sites and view content without registering, but as a condition to using certain aspects of the Sites, you may be required to register with us and select a password and screen name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately suspend or terminate your account and refuse any and all current or future use of the Sites or Services (or any portion thereof) in its sole discretion.
We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Sites and immediately notify us of the problem by contacting us at email@example.com. In the event of any dispute between two or more parties as to account ownership, you agree that we will be the sole arbiter of such dispute in our sole discretion and that our decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
2. Code of Conduct
In connection with User Content (as defined in Section 6 below) and your use of the Sites, you agree that you will not, nor permit anyone else to, indirectly or directly:
upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;
upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of “hacking” or defacing any portion of the Sites;
access or attempt to access parts of the Sites for which you are not authorized, circumvent or attempt to circumvent any security or password protection on the Sites, access the Sites by any means other than through the interface that is provided by and authorized by us;
modify any software for the Sites in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Sites;
use the Sites or Materials (as defined in Section 3 below) for any unlawful purpose;
express or imply that any statements you make are endorsed by us, without our prior written consent;
impersonate any person or entity, whether actual or fictitious, including any employee or representative of Aspira;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Sites;
transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
use the Sites to harm minors in any way;
engage in spamming or flooding;
transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites;
remove any copyright, trademark or other proprietary rights notices contained on the Sites;
“frame” or “mirror” any part of the Sites;
“stalk” or otherwise harass another;
link to any page of or content on the Sites without written authorization;
use any robot, bot, spider, offline reader, Sites search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Sites. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases;
harvest or collect information about Sites visitors or members without their express consent;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure;
share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Sites if you are not the original recipient of such passcode or password;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You understand that the technical processing and transmission of the Sites, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Sites and software embodied within the Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to us through any of our media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of Aspira without any obligation of Aspira to you; and (f) you are not entitled to any compensation or reimbursement of any kind under any circumstances.
3. Ownership and Restrictions on Use
The Sites, including all Sites software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Aspira and will remain the exclusive property of Aspira. You acknowledge that the Sites is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Sites or the Materials. You shall not challenge, contest or otherwise impair Aspira’s ownership of the Sites and the content therein.
The trademarks, logos, and service marks displayed on the Sites (collectively the “Trademarks”) are the registered and unregistered trademarks of Aspira and Aspira’s advertisers, licensors, suppliers and others. The Trademarks owned by Aspira, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages Aspira. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Aspira, Aspira’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
You may make comparative or other nominative fair use of Trademarks owned by Aspira in advertising and promotional materials, and in referring to Aspira’s products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to Aspira. Other uses that are not “fair use” require written permission from Aspira, and absent such express permission, you agree not to use or display the Trademarks owned by Aspira in any manner. Please make such requests by email to firstname.lastname@example.org; we will evaluate your request as soon as possible.
Trademarks owned by Aspira include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Trademarks Search” indicating RA Outdoors, LLC as the identified owner for conducting such search.
4. Making Purchases
Some Aspira products require paid subscriptions and the acceptance of supplemental terms to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for an Aspira product. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. Unless otherwise disclosed when you subscribe, you have the right to cancel your Aspira product subscription. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the Aspira products until the end of the term during which you canceled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Aspira product prior to the date of cancellation. If you pay a periodic subscription fee for an Aspira product, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.
Descriptions or images of, or references to, third party products or services on the Sites do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to acceptance of any order. Price and availability of any product or service are subject to change without notice.
If we are unable to verify or authenticate any information you provide during any ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your purchase may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Sites.
Charges and Billing. The Sites may require payment of access fees. By registering for the Sites, you hereby authorize us to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service, purchase or registration for your account. You hereby understand and agree that in most cases, we will be charging your designated credit card in accordance with the payment schedule of the Transaction, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify us of any changes to your credit card or if your credit card has expired, otherwise your access to the Service may be disconnected or interrupted. You shall additionally be responsible for and shall immediately pay, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal. All fees shall be paid in U.S. dollars.
We reserve the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which we does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after we post such modification on the Sites. We also have the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your account or any associated optional or upgraded services therefore at any time, but we will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
Parties other than Aspira provide services, or sell products or access to their facilities, on the Sites. You may order services or merchandise through the Sites from other persons not affiliated with us (each such person, a “Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Seller. We make no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider us, nor will we be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. You agree that we will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. We do not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. It is the responsibility of a Seller to communicate its refund policy to you and to issue refunds to you via the Sites or otherwise. You understand and agree that Sellers reserve the right to cancel certain products or services for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots. In the event of such cancellation, there will be no refund of your payment unless authorized by the Seller. If you want to request a refund, you must request the refund directly from the Seller. To the extent that a product or service is cancelled or does not meet your expectations for any reason, you must contact the Seller and your sole and exclusive remedy with respect thereto is with the Seller. All communications or disputes regarding refunds are between a Seller and you. We will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with a Seller’s product or service. You may report the misconduct of a Seller and/or third parties in connection with the Sites or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
When you make a donation, we receive a fee for the use of our technology without any additional charge to you. Donations collected by us will be sent in regular intervals to the designated charitable organization in accordance with contract and applicable law, less our fee. Any refunds shall be exclusively and directly handled by the designated charitable organization. We shall not be responsible for processing or making any refunds.
5. Information Provided by Us
Although we strive to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Sites are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Sites by various persons. The inclusion of such information does not indicate any approval or endorsement thereof, and we expressly disclaim any liability with respect to, the foregoing.
6. Forums and User Content
We and our designees may host message boards, blog feeds and other forums found on the Sites (collectively, the “Forums”), and you may have the ability to provide or upload to the Sites creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).
By sending or transmitting User Content to us, or by posting such User Content to any area of the Sites, YOU GRANT US AND OUR DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSEABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITES, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND COMMERCIALIZE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN OUR SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY. To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to your User Content. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Sites. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITES.
If we do decide, in our sole discretion, to attribute User Content to you, you hereby grant us the right to use your member name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.
You acknowledge and agree that we have the right to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
As a convenience to our members, we may provide links to third-party websites. If you use these links, you will leave the Sites. Your dealings with third parties through links to such third party websites or applications are solely between you and such third party. Unless otherwise explicitly stated, we are not responsible for the content, goods or services provided on or through such websites, any updates or changes to such websites, for your use or inability to use such websites, or the privacy or other practices of such websites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked website. The linked websites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any websites to which we may provide links. We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against us with respect to such websites.
YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY US, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
8. Access By Minors
We encourage parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Sites. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on external websites, two of which include GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such websites.
9. Rules for Sweepstakes, Contests and Games
11. Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages
You agree that abusive use of the Sites, as defined above, causes damage and harm to us in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Sites. You further agree that monetary damages for abusive use of the Sites are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly, you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Sites in any 24 hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1,000 during that twenty-four hour period. You acknowledge that: (a) we have a valid interest in ensuring proper use of the Sites; (b) this provision is reasonably tailored to that purpose; and (c) that the liquidated damages amount is a reasonable approximation of the costs and damages that we would incur as a result of such action by you or others acting in concert with you.
THE SITES, THE MATERIALS ON THE SITES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE INFORMATION ON THE SITES OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ASPIRA NOR MEMBERS OF THE SITES, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITES.
13. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER ASPIRA NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES AND/OR MATERIALS CONTAINED ON THE SITES, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITES, PRODUCTS, SERVICES OR ANY LINKED WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR ANY LINKED WEBSITE; (III) USE BY YOU OF ANY PRODUCT PURCHASED THROUGH US OR THE SITES; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY US; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ASPIRA; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR ANY LINKED WEBSITE; (VIII) ANY FAILURE OF ANOTHER USER TO THE SITES TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITES; (XII) ANY FAILURE OF A SELLER TO HONOR A PRODUCT OR SERVICE SOLD ON THE SITES; (XIII) THE TRUTH OR ACCURACY OF ANY CONTENT ON THE SITES; AND/OR (XIV) ANY OTHER MATTER RELATING TO THE SITES, OR OUR PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF ASPIRA, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY ASPIRA FROM YOU OR $100 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Arbitration Agreement
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Any Notice to us should be addressed to: RA Outdoors, LLC, d/b/a Aspira, Attn: General Counsel, 717 North Harwood Street, Suite 2300, Dallas, TX 75201 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee up to $350, unless your claim is for greater than $50,000 (as described further below).
(g) Unless both parties agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. Subject to the terms of this arbitration agreement, all Disputes shall be decided by a single arbitrator, who shall be either: (1) a retired federal judge; (2) a retired state court judge who sat on a trial court or appellate court for at least five (5) years; or (3) an attorney admitted to practice in the state in which the Dispute will be resolved for at least twenty-five (25) years with no disciplinary history. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify JAMS (or the AAA, as applicable) and request selection of an arbitrator in accordance with the applicable AAA Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted.
(h) This arbitration agreement is not intended to modify or limit the remedies available to either party, including the right to seek interim relief, such as injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. Any Dispute that is not arbitrated, including any judicial action to enforce this arbitration provision will be litigated exclusively in, if you reside in Canada, the Supreme Court of British Columbia, or otherwise in the United States District Court for the federal district in which you reside, and the parties hereby consent and submit to the jurisdiction and venue of such court; provided that if that United States District Court lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by the state court of general jurisdiction embracing the area in which you reside.
(j) The arbitrator shall be required to issue a written arbitration decision including the arbitrator’s essential findings, conclusions and a statement of award. Except as set forth herein, the arbitrator shall have exclusive authority to resolve all Disputes.
16. Connectivity; Mobile
Normal carrier charges and taxes may apply to any Materials you access from the Sites. We are not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Sites. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Sites or Services. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
17. Applicable Law
You and Aspira agree that (i) for users in Canada, the statues and the laws of British Columbia, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of the Sites and (ii) for all other users, the statutes and laws of the State of Texas, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Sites.
18. U.S. Export Controls
The Sites and software derived from the Sites is further subject to United States export controls. No software from the Sites may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) the Balkans, Belarus, Burma, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Zimbabwe, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Sites or any software derived therefrom, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. Notice Regarding Electronic Commercial Services for California Users
Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on the Sites. All notices from you to us must be sent to RA Outdoors, LLC, d/b/a Aspira, Attn: General Counsel, 717 North Harwood Street, Suite 2300, Dallas, TX 75201 and such notices will be deemed received the next day if sent via overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.