(Updated March 20, 2023)
TABLE OF CONTENTS:
1. ACCEPTANCE OF TERMS 3
4. ELECTRONIC COMMUNICATIONS 3
5. SURVIVAL 3
6. ADULT USAGE ONLY 3
7. OWNERSHIP OF THIS SITE AND ITS CONTENT 4
8. TRADEMARKS 4
9. CONSENT TO OTHER AGREEMENTS 4
10. SUBSCRIPTION PLANS 5
11. THIRD PARTY CONTENT 5
12. MONITORING AND MODIFICATION 5
13. USE OF SOFTWARE 5
14. USER GENERATED CONTENT 6
15. REMOVAL OF USER-GENERATED CONTENT 8
16. DMCA 8
17. OTHER PROHIBITED USES 9
18. LINKS TO THIRD PARTY SITE 10
19. SECURED AREAS/PASSWORDS 11
20. MAINTENANCE/SITE DOWN TIME 12
21. DISCLAIMER 12
22. LIMITATIONS OF LIABILITY 12
23. HEALTH INFORMATION 13
24. APPLICABLE LAW 13
25. DISPUTES 13
26. ATTORNEY FEES 14
27. HEADINGS 14
28. REMEDIES 14
29. LIMITATIONS PERIOD 14
30. WAIVER OF JURY TRIAL 14
31. SUCCESSORS AND ASSIGNS 15
32. NON-WAIVER 15
33. NO THIRD PARTY BENFICIARIES 15
34. INDEMNITY 15
35. INTERNATIONAL RESTRICTIONS 15
36. OTHER POLICIES 16
37. HYPERLINKING 16
38. NOTICES 16
39. REPORTING ABUSE 16
40. RECORD RETENTION 17
41. CALIFORNIA RESIDENTS 17
42. CONTACTING ASM GROUP 17
43. ENTIRE AGREEMENT 17
1. ACCEPTANCE OF TERMS
4. ELECTRONIC COMMUNICATIONS
You are communicating with ASM GROUP electronically when you send e-mails to us or visit this Site. You consent to receive communications from us electronically.
6. ADULT USAGE ONLY
This Site and the other Site are intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older, or otherwise are of the age of majority and able to enter into binding, non-rescindable contracts.
7. OWNERSHIP OF THIS SITE AND ITS CONTENT
A. All content, including but not limited to text, graphics, downloads, and software found on this Site and the other Site (“Content”) is protected under applicable intellectual property and other laws, including without limitation the copyright and trademark laws of the United States and other countries. All Content and intellectual property rights therein are the property of ASM GROUP or is included on this Site with the permission of the rights holder.
B. The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content. None of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying or recording without ASM GROUP express prior written permission.
C. You are hereby granted permission to access and use this Site and to display, download, or print Content of this Site or the other Site on a temporary basis, provided that you (i) do not modify the Content; (ii) you do not alter or remove any copyright or other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer, broadcast the Content in any media, or otherwise republish the Content.
D. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit or distribute any of the Content for any commercial purpose without express written consent of ASM GROUP.
E. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the Content to anyone, including but not limited to others in the same organization, without ASM GROUP’s express prior written consent.
F. Where ASM GROUP has posted materials of other rights holders in this Site, ASM GROUP cannot grant permission to reuse or republish such materials. Content owned by other rights holders may be subject to additional restrictions. You will need to contact the rights holder directly.
This Site and the other Site contain trademarks, service marks, company names, abbreviations, acronyms, product names, other trade names, trade dress, logos, icons, buttons, and graphics, print styles, colors, and color schemes (collectively the “Marks”). All Marks appearing within this Site or any of the other Site, whether registered or not, are the property of ASM GROUP unless otherwise expressly noted (the “ASM GROUP Marks”). Unauthorized use of the marks is expressly prohibited. You are not authorized to display or use the ASM GROUP Marks in any manner without ASM GROUP’s prior written permission. You are not authorized to display or use any of the other Marks without the prior written permission of the owner of such Mark.
9. CONSENT TO OTHER AGREEMENTS
This Site and the other Site offer special features and the opportunity to purchase additional goods and services. When you sign up to use a special feature or purchase such goods or services, you may be asked to agree to special terms governing your use or purchase. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree” or “Submit Order.” This type of agreement is known as a “click–through” agreement. If any of the terms of the click–through agreement are different than the terms of these Terms, the terms of the click–through agreement will supplement or amend this these Terms, but only with respect to the matters governed by the “click–through agreement.”
10. USE OF SOFTWARE
A. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) that is made available to download from or use through the Site is the copyrighted work of ASM GROUP and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“Software License Agreement”). You agree not to download, install or use any Software that is accompanied by or includes a Software License Agreement, unless you first agree to the Software License Agreement terms. In the event there is any conflict between these Terms and any such Software Terms, the Software License Agreement shall control as to the use of the Software only.
B. The Software is licensed to you by ASM GROUP or third-party licensors for your personal use only. ASM GROUP (or the third-party licensor retains ownership of all intellectual property rights related to the Software. We do not transfer title to the Software to you. We (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights relating thereto.
C. The Software is made available for download or access solely for personal use by end users according to the Software License Agreement. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent allowable under law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SOFTWARE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ASM GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
FOR YOUR CONVENIENCE, ASM GROUP MAY MAKE AVAILABLE AS PART OF THIS SITE, ANY OF THE OTHER SITE, OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ASM GROUP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. SUCH PRODUCTS, TOOLS AND UTILITIES ARE PROVIDED WITHOUT WARRANTY AND ON AN AS-IS BASIS ONLY. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITE OR IN ASM GROUP SOFTWARE PRODUCTS.
11. USER GENERATED CONTENT
A. You are responsible for anything you post, upload, input or submit to this Site and the other Site, and for all entries you make when using the SOFTWARE (collectively “User-Generated Content”). Under no circumstances will ASM GROUP be liable in any way for any User–Generated Content. You, not ASM GROUP, are entirely responsible for all User–Generated Content that you post or otherwise enter, and that you can be held personally liable for User–Generated Content that is defamatory, obscene, or libelous, or that violate these Terms, any obligation of confidentiality, or the rights of others. If any part of the User–Generated Content you post or otherwise enter is not your original work, you must obtain any necessary permission to post or enter it and must indemnify and hold harmless ASM GROUP if any claim arises from your failure to obtain such permission.
B. ASM GROUP does not warrant or guarantee the truthfulness, integrity, suitability, or quality of any User–Generated Content. By accessing this Site any of the other Site, you may encounter User–Generated Content that you may consider to be objectionable. ASM GROUP has no responsibility for any User–Generated Content, including without limitation any errors or omissions therein. ASM GROUP is not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User–Generated Content posted, emailed, transmitted or otherwise made available on or through this Site or any of the other Site. The User–Generated Content posted on or through this Site and the other Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of ASM GROUP or any person or entity associated with ASM GROUP.
C. You own the copyright in any original User–Generated Content you post or enter. We do not claim any copyrights in User–Generated Content. However, by using this Site or any of the other Site, you give ASM GROUP and ASM GROUP subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense) to use, copy, modify, distribute, publicly display, perform, publish, translate, transmit, remove, retain repurpose, and commercialize all User–Generated Content you post or otherwise enter. This license includes the right to republish all User–Generated Content you post or otherwise enter in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. This license also includes the right to publish your name in connection with your User–Generated Content. You agree not to post any User–Generated Content including without limitation any text, drawings, photographs, videos, confidential information, or product ideas, that you do not wish to license to us.
D. ASM GROUP is under no obligation to post or use any User–Generated Content you may provide and may remove any User–Generated Content at any time in its sole discretion. ASM GROUP has the right (but do not assume the obligation) to (i) monitor all User–Generated Content; (ii) require that you avoid certain subjects; (iii) remove or block any User–Generated Content at any time without notice at our sole and absolute discretion; (iv) disclose any User–Generated Content and the identity of the user who posted or entered it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of ASM GROUP or others, or to enforce these Terms; and (v) terminate your access to and use of this Site and the other Site, or to modify, edit or block your transmissions thereto in our sole discretion. ASM GROUP’s exercise of such discretion shall not render ASM GROUP the owner of User–Generated Content you post or enter, and that you will retain ownership and responsibility for all User–Generated Content you post or enter as described above.
E. When posting or entering User-Generated content you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation.
F. When posting or entering User-Generated content you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation. You further agree that the User–Generated Content you post or enter will not:
• Be false, misleading, fraudulent, unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
• Constitute or encourage activity illegal under criminal or civil law;
• Be User–Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Violate or infringe upon the rights of others, including User–Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• Contain the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old but you are his/her parent or legal guardian;
• Contain any request for or solicitation of any personal or private information from any individual;
• Contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Contain any advertising, promotions or marketing, or which otherwise has a commercial purpose or any request for or solicitation of money, goods, or services.
12. REMOVAL OF USER-GENERATED CONTENT
A. You can report objectionable User–Generated Content and other objectionable Content by contacting ASM GROUP using the information provided below. ASM GROUP does not have any obligation to remove Content from this Site or any of the other Site merely because ASM GROUP receives a removal request. ASM GROUP will review all such requests and, in our sole discretion and in accordance with these Terms and applicable law take whatever action it deems appropriate or take no other action at all. If the Content has already been distributed to other website or published in other media, ASM GROUP will not be able to recapture and delete it. Also, one or more archived copies of Content ASM GROUP removes from this Site or the other Site may remain on back–up servers.
B. ASM GROUP does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or any of the other Site, or has been otherwise copied and made available on this Site or any of the other Site in a manner that constitute copyright infringement, please notify ASM GROUP immediately. Your notice must be in writing and must include:
• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
• your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
• a written 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
• 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.
Your statement must be addressed as follows:
817 Meander Court
Minneapolis, MN 55340
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
14. OTHER PROHIBITED USES
As a condition of your use of the Site, you will not:
A. Use this Site or any of the other Site for any purpose that is unlawful or prohibited by these terms, conditions and notices;
B. Use this Site or any of the other Site in any manner that could damage, disable, overburden, or impair any ASM GROUP server, or the network(s) connected to any ASM GROUP server, or interfere with any other party’s use and enjoyment of the Site;
C. Attempt to gain unauthorized access to any website, other accounts, computer systems or networks connected to any ASM GROUP server or to any of the website through hacking, password mining or any other means;
D. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or any of the other Site;
E. Use data mining, robots, screen scraping or similar data gathering and extraction tools on this Site or any of the other Site;
F. Use any meta tags or any other “hidden text” utilizing ASM GROUP’s name or any of the Marks without the express written consent of ASM GROUP;
G. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
H. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
I. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
J. Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
K. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
L. Harvest or otherwise collect information about others, including but not limited to e-mail addresses, internet protocol addresses, and metadata;
M. Use this Site or any of the other Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
N. Violate any applicable laws or regulations; and
O. Use this Site, any of the other Site, or any of the services or tools made available on this Site or any of the other Site if you are not able to form legally binding contracts.
Any unauthorized use automatically terminates any permission or license granted by ASM GROUP to you. ASM GROUP reserves the right to pursue all of its legal remedies for your unauthorized use or abuse of this Site or any of the other Site, or infringement of ASM GROUP’s rights.
15. LINKS TO THIRD PARTY SITE
As used herein, “Linked Site” means and includes any site not operated or controlled by ASM GROUP. This Site may provide you with links to Linked Site and those Linked Site may provide links to other Linked Site. ASM GROUP is not responsible for the content of any of the Linked Site, or for any content changes or updates to such Linked Site. ASM GROUP is providing these links to you only as a convenience. The inclusion of any link does not imply any endorsement, sponsorship, or approval by ASM GROUP of any of the content of such Linked Site, any goods or services offered on such Linked Site, the owners or operators of such Linked Site, or the commercial activities of the owners or operators of such Linked Site. Likewise, the inclusion of such links does not imply that there is any affiliation, connection or associate between ASM GROUP and the owners or operators of such Linked Site.
16. SECURED AREAS/PASSWORDS
a. Some portions of this Site and the other Site are restricted and require authorization for access. Before accessing any restricted area of this Site or any of the other Site, you must create a personal account. Holding an active personal account may give you the right to access some, but not necessarily all the restricted portions of his Site or the other Site. Those areas to which you will be authorized to gain access shall be determined exclusively by ASM GROUP.
b. You agree that all personal information you provide to ASM GROUP to secure a personal account will be true, accurate, current, and complete So long as your personal account remains active you also agree that you will update your information as needed to keep it true, current, complete, and accurate. You hereby agree to notify ASM GROUP within five (5) business days of a change in any information you provided us. Failure to provide such new information will constitute a material breach of these Terms.
c. Any account you create, including your username and password, are personal to you and may not be used by anyone else. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANYONE. ASM GROUP will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact ASM GROUP. ASM GROUP will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.
d. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether authorized by you or not. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
e. Unauthorized use of or access to the restricted areas of this Site is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
17. MAINTENANCE/SITE DOWN TIME
ASM GROUP may perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.
THIS SITE IS PROVIDED BY ASM GROUP ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASM GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ASM GROUP RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION. ASM GROUP DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.
ASM GROUP DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS CUSTOMERS OVER THE INTERNET, TELEPHONE SYSTEM OR OTHER FORM OF COMMUNICATION SYSTEM. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF EQUIPMENT OR WEBSITE PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH THE WEBSITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH ASM GROUP WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, ASM GROUP CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, ASM GROUP DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASM GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASM GROUP DOES NOT WARRANT THAT THIS SITE, ITS SOFTWARE PROVIDED ON THIS SITE, ITS SERVERS OR E-MAIL SENT FROM ASM GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASM GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW MAY 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.
19. LIMITATIONS OF LIABILITY
ASM GROUP IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER–GENERATED CONTENT. ALTHOUGH ASM GROUP INCLUDES STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SITE OR THE OTHER SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS SITE OR THE OTHER SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS ASM GROUP, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY OF THE OTHER SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
20. APPLICABLE LAW
The laws of the state of Minnesota, without regard to principles of conflict of laws, govern these Terms as well as any dispute that might arise between you and ASM GROUP or its affiliates.
Any dispute relating in any way to your use of this Site or any of the other Site shall be submitted to confidential arbitration in Ramsey or Hennepin County, Minnesota, except that, to the extent you have in any manner violated or threatened to violate ASM GROUP’s intellectual property rights, ASM GROUP may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
22. ATTORNEY FEES
If ASM GROUP prevails in any action, suit, or proceeding arising from or based upon these Terms, ASM GROUP shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these Terms are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
25. LIMITATIONS PERIOD
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by ASM GROUP must commence no later than one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
26. WAIVER OF JURY TRIAL
27. SUCCESSORS AND ASSIGNS
Except as otherwise expressly provided herein, these Terms shall bind and inure to the benefit of the successors, assigns, heirs, executors, and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by ASM GROUP in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, ASM GROUP’s election to not assert its rights under these Terms shall not preclude ASM GROUP from asserting its rights in the future.
29. NO THIRD PARTY BENEFICIARIES
Except as expressly provided herein, nothing in these Terms is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
b. You agree that ASM GROUP shall have the right to participate in the defense of any claim asserted against ASM GROUP. You also agree that ASM GROUP shall be entitled to retain a counsel of its own choosing at your cost. You further agree to notify JCHAPO of your knowledge of any claim against ASM GROUP. You agree to cooperate fully with ASM GROUP during such proceedings.
31. INTERNATIONAL RESTRICTIONS
Use of this Site and transfer, posting and uploading of software, technology, and other technical data via this Site or the other Site may be subject to the export and import laws of the United States and other countries. You agree to, and shall, comply with all applicable export and import laws and regulations. You:
(a) Represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Site to parties identified on such lists;
(b) Agree not to use the Site for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and
(c) Agree not to transfer, upload, or post via this Site any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
32. OTHER POLICIES
You may not hyperlink to this Site or any of the other Site unless you have the advanced written and signed permission from the ASM GROUP President. If you are granted permission to hyperlink you will have a limited, revocable, nonexclusive right to create a hyperlink provided you comply at all times with all of the following conditions:
• The hyperlink must resolve to ASM GROUP’s page at www.ASMGROUPINC.com or to another of ASM GROUP’s webpages as agreed to in writing as part of the permission.
• The text of the hyperlink on the linking website must include the terms “ASM GROUP” or www.ASMGROUPINC.com (you may not use any ASM GROUP logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of ASM GROUP);
• The hyperlink and surrounding context on the linking website must not falsely represent or suggest any relationship between the linking website and ASM GROUP (including suggestions of affiliation, endorsement or sponsorship);
• The hyperlink and surrounding context on the linking website must not portray ASM GROUP or its products or services in a false, misleading, derogatory, or otherwise offensive manner; and
• The hyperlink must deliver users directly to the Site unaltered, unmodified. and unadulterated in any way by the hyperlinking website.
ASM GROUP may provide you with notices, including those regarding changes to these Terms, using various means including but not limited to email, regular mail, text message, postings on this Site or the other Site, or other reasonable means now known or hereafter developed.
35. REPORTING ABUSE
36. RECORD RETENTION
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will ASM GROUP be liable to you for your failure to retain necessary records, nor will ASM GROUP’s (non-)retention of records act to alleviate your duty under the law.
37. CALIFORNIA RESIDENTS
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
38. CONTACTING ASM GROUP
You may ASM GROUP at:
Minneapolis, MN 55340
39. ENTIRE AGREEMENT