THIS IS AN AGREEMENT BETWEEN YOU AND ASC CREATIVE LTD. This is an agreement (“Agreement”) between you and ASC Creative Ltd. (or, if applicable based on where you live, one of its affiliates) (“ASC”). This Agreement governs your use of any Web site or Web page operated by ASC Creative Ltd. (each, an “ASC Web Site,” and collectively, the “ASC Web Sites”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Section 1. ASC CREATIVE LTD. OFFERS THE ASC WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ASC WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Section 2. HOW ASC CREATIVE LTD. MAY MODIFY THIS AGREEMENT – ASC reserves the right to change the terms, conditions, and notices under which it offers the ASC Web Sites, including any charges associated with the use of the ASC Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ASC Web Site. Your continued use of the ASC Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Section 3. ADDITIONAL TERMS – Any ASC Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ASC Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a ASC Web Site, then the terms in this Agreement shall control.
Section 4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE ASC WEB SITES. The ASC Web Sites are only for your personal use. You will not use the ASC Web Sites for commercial purposes. You will not use the ASC Web Sites in any way that is unlawful, or harms ASC, its affiliates, resellers, distributors, service providers and/or suppliers (each, a “ASC Party” and collectively, the “ASC Parties”) or any customer of a ASC Party, as determined in ASC’s sole discretion. ASC may tell you about certain specific harmful uses in a code of conduct or other notices available through a ASC Web Site, but has no obligation to do so. You may not use the ASC Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the ASC Web Sites. Without limiting the generality of this section, you may not use the ASC Web Sites in any manner that could damage, disable, overburden, or impair any ASC Web Site (or the network(s) connected to any ASC Web Site) or interfere with any other party’s use and enjoyment of the ASC Web Sites.
Section 5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY. You will not use the ASC Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ASC Web Sites in any way that violates the ASC Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. ASC may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the ASC Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ASC Web Sites even if such e-mail does not violate the Anti-Spam Policy.
Section 6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING. For materials you post or otherwise provide to ASC related to the ASC Web Sites (a “Submission”), you grant ASC permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the ASC Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. ASC will not pay you for your Submission. ASC may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, ASC may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the ASC Parties or any customer of a ASC Party.
Section 7. SOFTWARE. Your use of any software associated with the ASC Web Sites will be governed by the terms and conditions of the end user license agreement (“EULA”) accompanying such software. If you receive any software that is not accompanied by a EULA, then ASC grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the ASC Web Sites and in accordance with this Agreement. ASC reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. ASC or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. ASC may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the ASC Web Sites.
Section 8. INFORMATION AVAILABLE FROM THE ASC WEB SITES. ASC and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ASC Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the ASC Web Sites. ASC and its suppliers do not authorize the use of information available from the ASC Web Sites including financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. ASC does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the ASC Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
Section 9. ASC MAKES NO WARRANTY. ASC PROVIDES THE ASC WEB SITES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ASC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ASC WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Section 10. LIABILITY LIMITATION YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL ANY ASC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ASC WEB SITES, EVEN IF SUCH ASC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ASC WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ASC PARTY WITH RESPECT TO THIS AGREEMENT OR THE ASC WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ASC WEB SITES.
CHANGES TO THE ASC WEB SITES; ADDITIONAL LIABILITY LIMITATION THE ASC PARTIES MAY CHANGE THE ASC WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ASC Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by ASC and persons other than ASC (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE ASC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT ASC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ASC WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE ASC WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ASC WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ASC WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
Section 11. TERMINATION; ACCESS RESTRICTION – ASC Creative Ltd. may terminate this Agreement, or terminate or suspend your access to the ASC Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ASC Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION – ANY INFORMATION YOU HAVE STORED ON THE ASC WEB SITES MAY NOT BE RETRIEVED LATER.
Section 12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. If this Agreement is with ASC Creative Ltd., claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Province of British Columbia, without reference to conflict of laws principles. If this Agreement is with a ASC affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such ASC affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject ASC Web Sites are directed. If this Agreement is with ASC Creative Ltd., you hereby irrevocably consent to the exclusive jurisdiction and venue of provincial or federal courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the ASC Web Sites. If this Agreement is with a ASC affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such ASC affiliate in all disputes arising out of or relating to the use of the ASC Web Sites.
Section 13. INTERPRETING THE AGREEMENT; ASSIGNMENT – If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. ASC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ASC Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ASC with respect to the ASC Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ASC with respect to the ASC Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Section 14 .YOU HAVE LIMITED TIME TO BRING YOUR CLAIM – YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ASC WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Section 15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS – All contents of the ASC Web Sites are Copyright © 2007-2020 ASC Creative Ltd., and/or its suppliers. All rights reserved. ASC, Cloudteligent, myCondoDox, RepairTrack and/or other ASC products and services referenced herein may also be either trademarks or registered trademarks of ASC in Canada, the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.Certain software used in certain ASC Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
Section 16. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.