Acceptance of Agreement
- Use of the Site indicates that you have read and accept the Agreement. If you do not accept the Agreement, you are not authorized to use the Site. The Agreement governs your use of the Site, any content, including without limit, text, data, information, magnetic translation, digital conversion, software, scripts, graphics, photographs, design, sounds, music, videos, interactive features, and the design and organization thereof (“Materials”) that may be available through the Site and any services that may be provided through the Site (“Services”) (The Site, Materials, and Services collectively referred to as the “AEIMM Website”).
- AEIMM authorizes you to use the AEIMM Website only for your own personal, non-commercial purposes. Use of the AEIMM Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials.
- At any time, AEIMM may make changes, modifications, alterations, or updates to the Agreement (“Additional Terms”). When these changes are made, an updated version of the Agreement will be posted on the Site or otherwise made available to you as provided in the Agreement.
- You agree that AEIMM may provide you with notices, including those regarding the Additional Terms, by email, regular mail, or postings on the Site.
- You understand and agree that if you use the AEIMM Website after the date on which the Agreement has been changed, AEIMM will treat your use of the AEIMM Website as acceptance of the Agreement and the Additional Terms. If you object to any such changes, your sole recourse shall be to cease using the AEIMM Website.
- You understand that you should check the Agreement regularly for changes.
- You acknowledge and agree that AEIMM (or AEIMM’s licensors) owns all legal right, title and interest in and to the AEIMM Website, including any intellectual property rights which subsist in the AEIMM Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- You acknowledge and agree that all Materials are either owned or licensed to AEIMM and are subject to copyright, trademark rights, and other intellectual property rights of AEIMM or AEIMM’s licensors. You may not copy, reproduce, publish, transmit, sell, license, modify, publicly display, publicly perform, distribute, or otherwise exploit the Materials without the prior written consent of AEIMM. As between you and AEIMM, AEIMM owns the AEIMM Website. The AEIMM Website is protected under United States copyright laws. Any unauthorized use of the AEIMM Website in whole or in part may violate copyright, trademark, and other laws. AEIMM reserves all rights not expressly granted in and to the Materials.
- You agree not use any meta-tags, keywords or any other “hidden text” utilizing any name, trademark, product, or service name contained within the AEIMM Website, including without limitation confusingly similar variations thereof, without the prior written consent of AEIMM or AEIMM’s licensors.
- You agree that the look and feel of the AEIMM Website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of AEIMM and may not be copied, imitated, or used (in whole or in part) without the prior written consent of AEIMM.
third-party sites, products, services
- The AEIMM Website may contain links, resources, or produce search results that reference links to third party websites (“Third-Party Sites”). AEIMM may have no control over, and assumes no responsibility for any websites or resources that are provided by the Third-Party Sites, or the content, privacy policies, or practices of any these third-Party Sites.
- You acknowledge and agree that AEIMM is not responsible for the availability of any Third-Party Sites, and does not endorse any advertising, products or other materials on or available from the Third-Party Sites. AEIMM does not endorse the content of any Third-Party Site, nor does AEIMM warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer.
- You acknowledge and agree that AEIMM is not liable for any loss or damage which may be incurred by you as a result of the availability of the Third-Party Sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Sites.
term and termination
- AEIMM may terminate, suspend, or modify your access to all or part of the AEIMM Website, without notice, at any time and for any reason.
- You may discontinue your participation in and access to the AEIMM Website at any time.
- AEIMM reserves the right at any time to terminate or suspend your access to the AEIMM Website if you engage in activities AEIMM concludes, in its sole and absolute discretion, a breach of the Agreement. Your authorization to use the AEIMM Website automatically terminates upon AEIMM’s determination of your breach of any term of the Agreement.
- As a condition to your use of the AEIMM Website, you agree not to use the AEIMM Website:
- (a)in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);
- (b)to stalk, harass, or harm another individual;
- (c)to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- (d)to interfere with, disrupt, or otherwise use the AEIMM Website in a manner that could disable, overburden, or impair the AEIMM Website or interfere with any other user’s access to or use of the AEIMM Website, servers or networks connected to the AEIMM Website;
- (e)to use any data mining, robots, or similar data gathering or extraction methods in connection with the AEIMM Website;
- (f)to attempt to gain unauthorized access to any Materials, information, or portion of the AEIMM Website or any other accounts, computer systems, or networks connected to the AEIMM Website that AEIMM has not intentionally made available to you on the AEIMM Website whether through hacking, password mining, the use of web crawlers, bots or spiders, or any other means; or,
- (g)to transmit materials through the AEIMM Website that you know or should know contain viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programs or scripts that are intended to damage, detrimentally interfere with, intercept, or extract any system, data or personal information.
- In certain circumstances, registration may be required in conjunction with the use of sections of or offerings from the AEIMM Website. You agree that, if registration is requested, you will provide AEIMM with complete and accurate registration information. You agree to register using your legal name and accurate information and that you are responsible for preventing unauthorized use of the AEIMM Website.
- NOTHING IN THE AGREEMENT SHALL EXCLUDE OR LIMIT AEIMM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THE AGREEMENT SHALL AFFECT ANY STATUTORY RIGHTS WHICH YOU ARE ALWAYS ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE AEIMM WEBSITE IS AT YOUR SOLE RISK AND THAT THE AEIMM WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
- IN PARTICULAR, AEIMM DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- (A) YOUR USE OF THE AEIMM WEBSITE WILL MEET YOUR REQUIREMENTS,
- (B) YOUR USE OF THE AEIMM WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE AEIMM WEBSITE WILL BE ACCURATE OR RELIABLE, AND
- (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY MATERIALS OR SERVICES PROVIDED TO YOU AS PART OF THE AEIMM WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AEIMM WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- No advice or information, whether oral or written, obtained by your through the AEIMM Website or from AEIMM (or the officers, directors, employees, or agents thereof) (collectively, “AEIMM Parties”) shall create any warranty NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.
- AEIMM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SUBJECT TO OVERALL PROVISIONS PROVIDED IN THIS ARTICLE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AEIMM SHALL NOT BE LIABLE TO YOU FOR:
- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- (B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE AEIMM WEBSITE;
- (II) ANY CHANGES WHICH AEIMM MAY MAKE TO THE AEIMM WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE AEIMM WEBSITE (OR ANY FEATURES WITHIN THE AEIMM WEBSITE);
- THE LIMITATIONS ON AEIMM’S LIABILITY TO YOU IN SECTION 7.7 ABOVE SHALL APPLY WHETHER OR NOT AEIMM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
PRIVACY/use of information
links to the website
- You may create links to the AEIMM Website from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
- Absent AEIMM’s written authorization otherwise, a website that links to the AEIMM Website:
- (a)may link to, but shall not replicate, any Materials (including any AEIMM logo);
- (b)shall not create a browser or border environment around any Materials;
- (c)shall not imply that AEIMM endorses such website or any products, services, or content available through such website;
- (d)shall not misrepresent its relationship with AEIMM;
- (e)shall not present false or misleading information about AEIMM, its products, or its services;
- (f)shall not contain content that could be construed as distasteful, offensive, or controversial; and,
- (g)shall contain only content that is appropriate for all age groups.
- The AEIMM Website may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the AEIMM Website, queries made through the AEIMM Website or other information.
- The manner, mode and extent of advertising by AEIMM on the AEIMM Website are subject to change without specific notice to you.
- In consideration for AEIMM granting you access to and use of the AEIMM Website, you agree that AEIMM may place such advertising on the AEIMM Website.
- You agree to indemnify, defend, and hold harmless AEIMM, as well as its successors, assigns, parents, subsidiaries, affiliated and related corporations, shareholders, members, officers, directors, agents, attorneys and employees, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of the terms of this Agreement. AEIMM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AEIMM’s defense of such claim.
- Sometimes when you use the Site or the Services, you may (as a result of, or through your use of the Site or the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement does not affect your legal relationship with these other companies or individuals.
- The Agreement constitutes the whole legal agreement between you and AEIMM and governs your use of the AEIMM Website (but excluding any services which AEIMM may provide to you under a separate written agreement), and completely replaces any prior agreements between you and AEIMM in relation to the AEIMM Website.
- Your rights granted under the Agreement, including without limit, the right to use the AEIMM Website, is not transferrable or assignable.
- The Agreement, and your relationship with AEIMM under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and AEIMM agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that AEIMM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal remedy or relief) in any jurisdiction.
- The failure of AEIMM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- This Agreement shall remain in full force and effect notwithstanding any termination of your use of the AEIMM Website. The Agreement will be interpreted without application of any strict construction in favor of or against you or AEIMM.
January 1, 2010