“America-Asia Commerce, Inc. (AAC) Web site” is the on-line service of America-Asia Commerce, Inc. (AAC) on the World Wide Web of the internet. The site has information, services, and content provided by America-Asia Commerce, Inc. and/or other parties. “User” is a person who establishes or accesses a connection (“Session”) for access to and use of AAC’s Website.
A. This Agreement, which incorporates by reference other provisions applicable to use of AAC’s Website, governing the use of certain specific material contained in AAC’s Website, sets forth the terms and conditions that apply to use of AAC’s Website by User. By using AAC’s Website — other than to read this Agreement for the first time — User agrees to comply with all of the terms and conditions herein. The right to use AAC’s Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Session under any screen name or password and for ensuring that all use of User’s Session complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. AAC shall have the right at any time to change or discontinue any aspect or feature of its Website, including, but not limited to content, hours of availability, and equipment needed for access or use of the site.
3. Changed Terms
AAC shall have the right at any time to change or modify the terms and conditions applicable to User’s use of AAC’s Website, or any part therein, or to impose new conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on AAC’s Website, or by electronic or conventional mail, or by other means by which User obtains notice thereof. Any use of AAC’s Website by User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications, or deletions.
4. User Conduct
A. User shall use AAC’s Website for lawful purposes only. User shall not post or transmit through AAC Website any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AAC’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in AAC’s discretion restricts or inhibits any other from using or enjoying AAC’s Website will not be permitted. User shall not use AAC’s Website to advertise or perform any commercial solicitation, including, but not limited to the solicitation of users to become Users of other on-line informational services competitive with AAC's Website.
B. AAC’s Website contains copyrighted material, trademarks and proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of AAC’s Website are copyrighted as a collective work registered in the United States of America with all rights reserved under U.S. and international copyright laws. AAC owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AAC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
F. AAC, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither AAC nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information on the Website.
AAC shall have the right, but not the obligation, to monitor the content of AAC’s Website, including any chats or postings by readers, to determine compliance with this Agreement and any operating rules established by AAC and to satisfy any law, regulation or authorized government request. AAC shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on AAC’s Website. Without limiting the foregoing, AAC shall have the right to remove any material that AAC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify, and hold harmless AAC, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of AAC’s Website by User or User's Session.
Either AAC or User may terminate this Agreement at any time. Without limiting the foregoing. AAC shall have the right to immediately terminate User's Session in the event of any conduct by User which AAC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All of the remaining provisions listed under this agreement shall survive termination of this Agreement.
The AAC logotype and America-Asia Commerce, Inc. are trademarks of AAC, Inc. All rights reserved. All other trademarks appearing on Website are the property of their respective owners.
10. Privacy Statement
AAC respects User’s privacy. Personal information is collected only to understand User’s needs and interests and to provide better service. Personal information is collected when you seek information and/or order products from AAC. This information includes but is not limited to: name, title, address, telephone number, email address, telephone and fax numbers, credit information, password, and product and service information.
This Agreement and any operating rules for AAC’s Web site established by AAC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
12. Contact Us
If you have comments and questions about our policies, please write us at: AAC Inc., P.O. Box 3642, Long Beach, CA 90803, or email us at firstname.lastname@example.org.
C. User shall not upload, post or otherwise make available on AAC’s Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of AAC’s Website, User automatically grants, or warrants that the owner of such material has expressly granted AAC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants AAC the right to edit, copy, publish and distribute any material made available on AAC’s Website by User.
D. The foregoing provisions of Section 4 are for the benefit of AAC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty and Liability Limitation.
A. User agrees that use of AAC’s Website is at User’s own risk. Neither AAC Inc. nor its affiliates or their employees agents, third party providers or licensors warrant that AAC’s Website will be uninterrupted or free of errors; nor do AAC and its affiliates make any warranty as to the results that might be obtained from use of AAC’s Website. AAC attempts to provide accurate, reliable content on its Website but AAC does not provide any warranty as to the accuracy, reliability or content of any information, service, or merchandise provided through its Web site.
B. AAC’s Website is provided on an “as is” basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under all laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other infection, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that AAC is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing is entirely with User.
D. In no event shall AAC, or any person or entity involved in creating, producing, or distributing AAC’s Web site or AAC’s Web site software be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use AAC’s Website. User hereby acknowledges that the provisions of this section shall apply to all content on AAC’s Website.
E. In addition to the terms stated here, neither AAC nor its affiliates,, information providers or content partners shall be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects within, or untimeliness or unauthenticity of the information contained in AAC’s Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost of profits, punitive or consequential damages.
Above: AAC's ad in Florists Review, April 2009.