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redirect ACCOUNTING SOFTWARE 411 - TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Accounting Software 411, LLC ("AS411") welcomes you. AS411 provides its service
to you, subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most current
version of the TOS at any time at: http://www.AccountingSoftware411.com/HTMLPage.aspx?pageid=terms.
In addition, when using particular AS411 owned or operated services, you
and AS411 shall be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such guidelines or
rules (including but not limited to our Privacy Policy
) are hereby incorporated by reference into the TOS. AS411 may also offer other
services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
AS411 provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now known
or hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for AS411 to provide the Service. You also understand and agree that
the Service may include certain communications from AS411, such as service
announcements, administrative messages and the AS411 Newsletter, and that these
communications are considered part of AS411 membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new AS411 properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that AS411 assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or AS411 has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, AS411 has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. AS411 PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.AccountingSoftware411.com/HTMLPage.aspx?pageid=privacy.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing, and use by AS411 and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify AS411 of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your account at
the end of each session. AS411 cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, 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 AS411,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the AS411 Service. AS411 does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is potentially inaccurate,
offensive, or objectionable. Under no circumstances will AS411 be liable
in any way for any Content, including, but not limited to, for 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, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
-
harm minors in any way;
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impersonate any person or entity, including, but not limited to, a AS411
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
-
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
-
upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available 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 nondisclosure agreements);
-
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
-
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
-
upload, post, email, transmit or otherwise make available 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;
-
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
-
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
-
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
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provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
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"stalk" or otherwise harass another; and/or
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collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through n above.
You acknowledge that AS411 may or may not pre-screen Content, but that AS411 and
its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or move any Content that is available via the
Service. Without limiting the foregoing, AS411 and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
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. In this regard, you acknowledge
that you may not rely on any Content created by AS411 or submitted to AS411,
including without limitation information in AS411 Message Boards, and in all
other parts of the Service.
You acknowledge, consent and agree that AS411 may access, preserve, and disclose
your account information and Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of AS411, its users and the public.
You understand that the technical processing and transmission of the Service,
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.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by AS411 and/or content
providers who provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
AS411 does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
AS411 the following world-wide, royalty free and non-exclusive license(s), as
applicable:
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With respect to Content you submit or make available for inclusion on publicly
accessible areas of AS411 Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting the specific AS411
Group to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or AS411 removes such Content
from the Service.
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With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than AS411
Groups, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or AS411 removes such Content
from the Service.
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With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than AS411 Groups, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now known or
later developed.
"Publicly accessible" areas of the Service are those areas of the AS411 network
of properties that are intended by AS411 to be available to the general public.
By way of example, publicly accessible areas of the Service would include AS411
Message Boards and portions of AS411 Software and Consultant Directory that are
open to both members and visitors. However, publicly accessible areas of the
Service would not include portions of AS411 Groups that are limited to members,
AS411 services intended for private communication such as AS411 Mail or areas
off of the AS411 network of properties such as portions of World Wide Web sites
that are accessible through via hypertext or other links but are not hosted or
served by AS411.
9. INDEMNITY
You agree to indemnify and hold AS411, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your AS411
I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AS411 may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on AS411's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that AS411 has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that AS411 reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that AS411
reserves the right to modify these general practices and limits from time to
time.
12. MODIFICATIONS TO SERVICE
AS411 reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that AS411 shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that AS411 may, under certain circumstances and without prior notice
, immediately terminate your AS411 account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods
of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Service.
Termination of your AS411 account includes (a) removal of access to all
offerings within the Service, including but not limited to AS411 Groups,
Message Boards, and Alerts, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring further use of the Service. Further, you agree
that all terminations for cause shall be made in AS411's sole discretion and
that AS411 shall not be liable to you or any third-party for any termination of
your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, 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
advertiser. You agree that AS411 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 Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because AS411 has no control over such sites and
resources, you acknowledge and agree that AS411 is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that AS411 shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. AS411'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by AS411 or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
AS411 grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; 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 in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by AS411 for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
-
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. AS411 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
-
AS411 MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AS411
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AS411 SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF AS411 HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. AS411 and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions made based on
such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
22. NOTICE
AS411 may provide you with notices, including those regarding changes to the
TOS, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
The AS411, AS411 logo, Accounting Software 411, LLC, AS411 GROUPS and other
AS411 logos and product and service names are trademarks of Accounting Software
411, LLC. (the "AS411 Marks"). Without AS411's prior permission, you agree not
to display or use in any manner, the AS411 Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
AS411 respects the intellectual property of others, and we ask our users to do
the same. AS411 may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide AS411's Copyright Agent the following information:
-
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
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a description of the copyrighted work or other intellectual property that you
claim has been infringed;
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a description of where the material that you claim is infringing is located on
the site;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
AS411's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
Copyright Agent
c/o Accounting Software 411, LLC
3943 Irvine Blvd. #110
Irvine, CA 92602
By email: copyright@as411.com
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and AS411 and governs your use of the Service, superseding any prior agreements
between you and AS411 with respect to the Service. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other AS411 services, affiliate services, third-party content, or third-party
software.
Choice of Law and Forum. The TOS and the relationship between you and
AS411 shall be governed by the laws of the State of California without regard
to its conflict of law provisions. You and AS411 agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Orange, California.
Waiver and Severability of Terms. The failure of AS411 to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your
AS411 account is non-transferable and any rights to your AS411 I.D. or contents
within your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to our
Customer Care group.