Effective August 21, 2023
ARBITRATION AND CLASS WAIVER NOTICE
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AEG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AEG IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS, PAYMENT METHODS, OR COMMUNICATIONS. UNDER NO CIRCUMSTANCES, WILL AEG, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SHAREHOLDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “AEG PARTIES”), BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF THE SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY AEG PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AEG PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Third-party Services and Content
Modifications and Interruption to the Site
We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use our Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Site under the laws of the United States or any other country.
You may not engage in any of the following with regard to the Site (including without limitation posting or transmitting content through the Site), and you agree not to use the Site to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Site or solicit personal information from any individual;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by the Company in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Site or any website or content linked to them;
- interfere with or damage the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Company or create or use a false identity;
- attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing the Company name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any the Company content or any use of or access to the Site;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the content contained thereon;
- deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site.
Copyright and Trademark Information
All content, copyrights and other intellectual property rights in the content available on our Site, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by the Company, with all rights reserved, or in some cases may be licensed to the Company by third parties. This Content is protected by the intellectual property rights of the Company or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the website of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
Permitted Use of the Content
Any use of Content on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of the Company. You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Site, without the express consent of those third parties.
Links to the Site
You are hereby licensed to create hyperlinks to Content on the Site, provided that the hyperlink accurately describes the Content to which it links. If you include links to our Site on your website, when the link is clicked, the applicable page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by the Company. Under no circumstances may you “frame” all or any portion of the Site or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
Notification of Claimed Copyright Infringement
In the event that you find content posted on our Sites which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact the Company’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
AEG Corporate Headquarters
800 West Olympic Blvd., Suite 305
Los Angeles, CA 90015
E-mail: firstname.lastname@example.org, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Company to terminate use of our Sites by repeat infringers in appropriate circumstances.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation blog comments, message board posts, and any other content which does not originate with the Company (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will the Company be liable in any way for any User Content made available through this Site by you or any third party.
Since the Company does not control the User Content posted on the Site, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Site, you may encounter content that you may consider to be objectionable. The Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Site.
User Content is owned by the author thereof, and the Company does not claim ownership of original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Site, you are granting the Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
The Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Site. You agree that the exercise by the Company of such discretion shall not convert or transform User Content to content owned or provided by the Company, and the user who made such User Content available on the Site will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Site. To request the removal of content or information you have posted on our Site, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Site.
Providing Feedback to the Company
We welcome your comments and feedback about our Site. All information and materials submitted to the Company through the Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of the Company (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but the Company reserves the right to treat any such Feedback as the confidential information of the Company.
By submitting Feedback to the Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
Dispute Resolution, Arbitration, Class Waiver
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. By using any of our Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Changes to These Terms
Notice for California Users
Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
YouTube API Required Terms
We incorporate YouTube API to display certain content on our Services. By using the Services, are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
18400 Avalon Blvd.
Carson, CA 90746