AIME ("we," "us," or "our") requests that users ("you" or "your") respect our company policies in order to continue providing you with the highest level of service possible. This policy summarizes what is covered under our Terms of Service and provides you with a detailed explanation of what they mean for you.
These Terms apply to all Internet sites and mobile applications operated by or on behalf of AIME and includes AIME entities worldwide. It also applies to content AIME may otherwise distribute: (i) through our products and services; (ii) when you interact with us by means other than through AIME websites or applications (e.g. in person, by telephone, or at a trade show or training); and (iii) through our customers, distributors, suppliers, vendors, and other business partners (“Business Partners”).
However, different AIME websites, apps, products, and services have different purposes and features. If additional or different Terms of Service agreements are required for a specific AIME Internet Site, App, product, or service, then we provide those disclosures separately on, or with, the relevant Internet Site, App, product, or service. Each such specific copyright disclosure, policy, or statement (“Specific Terms of Service Statement”) supplements and amends this Policy.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and AIME, concerning your access to and use of the www.aimeusa.com website as well as all Internet sites, mobile applications, products, and services operated by or on behalf of AIME and includes AIME entities worldwide (“AIME Sites”).
You agree that by accessing AIME Sites, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using AIME Sites and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of ant to have accepted, the changes in any revised Terms of Service by your continued use of AIME Sites after the date such revised Terms of Service are posted.
The information provided on AIME Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access AIME Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
AIME Sites are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use AIME Sites. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using AIME Sites.
Copyright 2020 AIME USA LLC. All Rights Reserved.
Unless otherwise indicated, AIME Sites are our propriety property and all source code, databased, functionality, software, website designs, audio, video, text, photographs, and graphics on AIME Sites (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and Marks are provided on AIME Sites “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of AIME Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial or personal purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to AIME Sites, the Content, and the Marks.
By using AIME Sites, you represent and warrant the following:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of AIME Sites or any portion thereof.
You may be required to register with AIME Sites. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use AIME Sites for any purpose other than that for which we make AIME Sites available. AIME Sites may not be used in connection with any commercial endeavors except those that are specifically endorse or approved by us.
As a user of AIME Sites, you agree not to perform any of the following actions:
AIME Sites may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on AIME Sites, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (“Contributions”).
Contributions may be viewable by other users of AIME Sites and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant the following:
Any use of AIME Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use AIME Sites.
By posting your Contributions to any part of AIME Sites, or making Contributions accessible to AIME Sites by linking your account from AIME Sites to any of your other accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, in whole or in part, and distribute such Contributions, including, but not limited to, your image and voice, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on AIME Sites.
You are solely responsible for your Contributions to AIME Sites and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion to the following:
We have no obligation to monitor your Contributions.
We may provide you areas on AIME Sites to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us to a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
If you access AIME Sites via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Service of this mobile application license contained in these Terms of Service.
As a user of AIME Sites through a mobile application, you agree not to perform any of the following actions:
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access AIME Sites:
As part of the functionality of AIME Sites, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either providing your Third-Party Account login information through AIME Sites or by allowing us to access your Third-Party Account, as is permitted under the applicable Terms of Service that govern your use of each Third-Party Account.
You represent and warrant that you are entitles to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms of Service that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store, if applicable, any content that you have provided to and stored in your Third-Party Account (“Social Network Content”) so that it is available on and through AIME Sites via your account, including, but not limited to, any friend lists, and that we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on AIME Sites.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through AIME Sites. You will have the ability to disable the connection between your account on AIME Sites and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreements with such third-party service providers.
We make no effort to review any Social Network Content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stores on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use AIME Sites.
You can deactivate the connection between AIME Sites and your Third-Party Account by contacting us or through your account settings, if applicable. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that became associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding AIME Sites (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
AIME Sites may contain, or you may be sent via AIME Sites, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through AIME Sites or any Third-Party Content posted on, available through, or installed from AIME Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of, or contained in, the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave AIME Sites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these terms of Service no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from AIME Sites or relating to any applications you use or install from AIME Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We may allow advertisers to display their advertisements and other information in certain areas of AIME Sites, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on AIME Sites and any services provided on AIME Sites or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on AIME Sites, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to the following:
Please review our Privacy Policy posted on AIME Sites. By using AIME Sites, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advertised AIME Sites is hosted in the United States.
If you access AIME Sites from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of AIME Sites, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from AIME Sites as quickly as is reasonably practical.
We respect the intellectual property rights of others. If you believe that any material available on or through AIME Sites infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (“Notification”):
Sandro O. Monteblanco, Esq.
General Counsel
(430) 264-3872 x 847
legal@aimeusa.com
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by AIME Sites infringes your copyright, you should first consider contacting an attorney.
All Notifications should meet the requirements of 17 U.S. Code § 512(c)(3) and include all of the following information:
If you believe that your own copyrighted material has been removed from AIME Sites as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (“Counter Notification”):
Sandro O. Monteblanco, Esq.
General Counsel
(430) 264-3872 x 847
legal@aimeusa.com
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially all of the following:
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including, but not limited to, costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
These Terms of Service shall remain in full force and effect while you use AIME Sites. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of AIME Sites, including blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in AIME Sites or delete your account and/or any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of AIME Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on AIME Sites. We also reserve the right to modify or discontinue all or part of AIME Sites without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of AIME Sites.
We cannot guarantee AIME Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to AIME Sites, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify AIME Sites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use AIME Sites during any downtime or discontinuance of AIME Sites.
Nothing in these Terms of Service will be construed to obligate us to maintain and support AIME Sites or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of AIME Sites are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively “Parties” and each a “Party”) shall be commenced or prosecuted in the state and federal courts located in New York County in the State of New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
There may be information on AIME Sites that contains typographical errors, inaccuracies, or omissions that may relate to AIME Sites, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on AIME Sites at any time, without prior notice.
AIME Sites are provided on an “AS IS” and “AS AVAILABLE” basis. You agree that your use of AIME Sites and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of AIME Sites’ content or the content of any websites linked to AIME Sites and we will assume no liability or responsibility for any of the following:
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through AIME Sites, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
In no event will we our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses made by any third party due to or arising out of any of the following:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to AIME Sites for the purpose of managing AIME Sites, as well as data relating to your use of AIME Sites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using AIME Sites.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting AIME Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on AIME Sites, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via AIME Sites.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by us on AIME Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of AIME Sites. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
