Terms & Conditions

 

  1. Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between You and PromoServe, which is owned and operated by AIM Smarter Limited. (“Company”, “we”, or “us”). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of PromoServe.com, including any content, functionality, and services offered on or through PromoServe.com (the “Website”), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at Privacy Statement | PromoServe, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

In order to use this Website and/or access our content, plans or services, you must be at least the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not permitted to use this Website if doing so is prohibited in your country or under any law or regulation applicable to you.

  1. Changes to the Terms and Conditions

We may revise and update these Terms from time to time in our sole discretion. Please review periodically. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

  1. Accessing the Website and Security

 

We currently provide services for personal use to create and view Virtual Samples and enable products to be used for the creation of Virtual Samples. Unless explicitly stated otherwise, any new features that augment or enhance the Website, including the release of new services, software tools or resources, shall be subject to these Terms. We may add, delete or change some or all of the services provided as part of the Website at any time. Unless otherwise stated these Terms apply to you whether you are a casual, registered or other user of the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy Privacy Statement | PromoServe, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

We may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that email messages, or other uploaded content will be retained by us, the maximum number of email messages that may be sent from or received by an account on  the Website, the maximum size of any email message that may be sent from or received by an account on the Website, the maximum space that will be allotted on the Website’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by  the Website. We reserves the right to delete accounts that are inactive or very little used for an extended period of time.

 

  1. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a copy of the content made available to you on the Website for your own personal use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: sales@aimsmarterllc.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

You acknowledge and agree that content, including but not limited to text, software, photographs, graphics, page layout and design or other material contained in the Website or information presented through the Website is protected by our copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that we own or are licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Website and software utilized in connection with it, any Website content and any data generated by users. Except as expressly by us, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license, distribute or create in any way content and/or derivative works from the Website, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Website; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right from the Website. You agree not to modify the Website software in any manner or form, or to use modified versions of the Website software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by for use in accessing the Website. Upon termination of your use of the Website, your license to use the Website shall cease forthwith. Corporate accounts may, in some instances, be created for multiple users. Please contact us in writing if you wish to inquire about corporate accounts.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website.

 

  1. Trademarks

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PromoServe and other PromoServe Instant logos and product and service names are trademarks of the Company.

 

  1. Prohibited Uses/Code of Conduct

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or social media handles associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

You agree that all information, data, text, software, photographs, graphics, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not us, are entirely responsible for all content that you upload post, email or otherwise transmit via the Website.  We do not control the content posted via the Website and, as such, do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Website. The use of the Website is restricted to: firms that either manufacture, or import promotional products or convert or assemble unfinished products for promotional use; firms whose sales are generated through product purchases from promotional products suppliers for resale to the distributor’s end user clients; for the buyers of promotional products with the intent to view their identification or message on the items. If you wish to use PromoServe Instant services and do not fit the definition above, please contact us help@aimsmarter.co.uk.

You agree not to use the Website to:

(a) Upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter ‘post’) that is unlawful, tortuous, defamatory, harmful or invasive of another’s privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;

(b) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);

(c) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;

(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;

(e) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation, except in those areas of the Website that are designated for such purpose;

(f) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(g) Disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(h) Interfere with or disrupt the Website or servers or networks connected to the Website, or infringe any requirements, procedures, policies or regulations of networks connected to the Website, or interfering with another user’s use and enjoyment of the Website, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorized access to the Website, other’s accounts on the Website, or private mailing lists on the Website through password mining or any other means;

(i) Intentionally or unintentionally violate any applicable local, state, national or international law;

(j) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(k) Collect, store, or distribute personal data about other users without their consent;

(l) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

(m) Violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or

(n) Engage in commercial activities that are deemed inappropriate on the Website.  We have the right to remove or bar content that we feel falls into this category.

In addition, we in no way endorse or takes responsibility for any goods or services that are posted within the Website. Any such transactions are strictly outside the remit of the Website. Any correspondence or business dealings with, or participation in activities found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. We also have the right at any time to change the terms regarding commercial arrangements without to prior notice. It should be noted that the use of any payment mechanisms, other than those endorsed by us are the sole responsibility of the user and we take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters.

You acknowledge that we do not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to refuse or remove any content on the Website. Without limiting the foregoing, we have the right to remove any content that violates the Terms, or which is otherwise in our opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.  We will have no liability or responsibility for performance or non-performance of such activities.  We reserve the right to terminate or restrict your access to the Website at any time without notice for any reason whatsoever. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us and/or the Website, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

  1. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes to the Website and Offerings

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to change products, plans and pricing at any time.

  1. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy Privacy Statement | PromoServe. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Purchases and Payments

The prices for plans and content are listed in the “Plans and Pricing” portion of the Website. We reserve the right to change plans, content and pricing at any time. We reserve the right to limit the availability of or discontinue any plan or content, as well as to impose conditions on the honoring of any promotional codes or promotions. Upon enrollment, subscription or registration in a plan, you will be charged the initial monthly fee, and then will be automatically charged each month thereafter for the plan in which you enrolled, subject to the prices set forth in the “Plans and Pricing” portion of the Website. Refunds and cancellations will be subject to our then-current policies, which are set forth below (see Refunds and Cancellations). You agree to pay all charges that may be incurred by you through the Website at the price in effect when such charges are incurred. You also remain responsible for any applicable taxes. You agree that you will not resell anything purchased from us. If you wish to purchase plans or content made available by us through the Website, you may be asked to provide certain information relevant to the purchase, including your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you authorize us to provide such information to third parties for purposes of facilitating the completion of the purchase. You further agree that the credit card details you provide us will be used to process your monthly subscription fees, and such amounts will be charged automatically each month until you provide notification of termination in accordance with these Terms.  Your subscription will auto-renew each month until cancelled.

 

By completing the registration process, you agree to be bound by all of these Terms. In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information provided by you 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 the Website (or any portion thereof).

 

You will create a password for your account and receive account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

  1. Refunds and Cancellations

If your subscription includes a free trial period, and if for any reason you decide to cancel your enrollment within said free trial period, you will not be charged for your enrollment if cancellation occurs by midnight (Eastern Standard Time) of the final day of the free trial period. No refunds will be issued if cancellation occurs after the above-mentioned time periods.

 

If you wish to cancel your service, you must give thirty (30) days written notice to us at help@aimsmarter.co.uk.. If your account is terminated as a result of your breach of these Terms, payments made by you will not be refundable.

 

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website, and remove and archive or discard any content within the Website if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms.  We may also, in our sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Any termination of your access to the Website under any provision of these Terms  may be effected without prior notice, and acknowledge and agree that we may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, we shall not be liable to you or any third-party for any termination of your access to the Website. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.

  1. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Geographic Restrictions

The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, and any violation of these Terms, including, but not limited to, your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

  1. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.

  1. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  1. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

  1. Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@aimsmarter.co.uk.

 

These Terms and Conditions were last updated on February 22, 2022.